CLLR 49.2

CANADIAN

REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT

Prosecuting and Defending Sexual Offence Cases, 3rd Edition

Brown, Witkin

JUST PUBLISHED! • 978-1-77462-665-8

This bestseller in Emond’s Criminal Law Series is designed to help practitioners focus on the procedural, evidentiary, and strategic elements unique to sexual offence cases. These elements include publication bans, search issues, children’s evidence, expert evidence, cross-examination on private records, sentencing, and more. The third edition contains a new chapter on sexual offence appeals, addressing commonly raised issues and landmark cases from the Supreme Court of Canada, such as R v JJ.

Maintaining Permanent Residence Status and Acquiring Citizenship

Hayer, Middlemiss

JUST PUBLISHED! • 978-1-77462-479-1

This new volume in Emond’s Immigration Law Series is a concise guide to the procedures, policies and strategies for navigating Canada’s permanent residency and citizenships pathways. This how-to-guide addresses permanent residency card applications, mandatory travel documents for permanent residents, expectations at port-of-entry examinations, citizenship eligibility requirements, processing steps, judicial review, and more.

‖‖ EDITORIAL BOARD / COMITÉ DE RÉDACTION

NIKKI TANNER

EDITOR

RÉDACTRICE EN CHEF

Reference / Instruction Librarian

Gerard V. La Forest Law Library

University of New Brunswick

E-mail: cllr.editors@callacbd.ca

NATHALIE LÉONARD

FRENCH LANGUAGE EDITOR

RÉDACTRICE AUX TEXTES FRANÇAIS

Head, Reference Services and Law Libraries

Brian Dickson Law Library Université d’Ottawa E-mail: cllr.francais@callacbd.ca

DOMINIQUE GARINGAN

BOOK REVIEW EDITOR

RÉDACTRICE DE LA REVUE DE LIVRES

Learning & Development Manager (West) Norton Rose Fulbright Canada

E-mail: cllr.reviews@callacbd.ca

KIM CLARKE

COLUMN EDITOR

PERSPECTIVES

RESPONSABLE DE LA RUBRIQUE PERSPECTIVES Director of Staff Engagement (LCR) Law & Law and Society Librarian Libraries and Cultural Resources, University of Calgary E-mail: cllr.perspectives@callacbd.ca

SUSAN BARKER

EDITOR EMERITUS AND ASSOCIATE EDITOR

RÉDACTRICE HONORAIRE ET RÉDACTRICE ADJOINTE Librarian Emeritus University of Toronto E-mail: cllr.editors@callacbd.ca

ERICA FRIESEN

FEATURES EDITOR

RÉDACTRICE DE CHRONIQUES

Research & Instruction Librarian (Law) and Online Learning Specialist

Lederman Law Library, Queen’s University

E-mail: cllr.features@callacbd.ca

JULIE LAVIGNE

BOOK REVIEW EDITOR

RÉDACTRICE DE LA REVUE DE LIVRES Legal Studies Librarian

MacOdrum Library, Carleton University

E-mail: cllr.reviews@callacbd.ca

ERIN CLUPP

COLUMN EDITOR

LOCAL AND REGIONAL UPDATES

RESPONSABLE DE RUBRIQUE MISE À JOUR LOCALE ET RÉGIONALE

Research Librarian

Norton Rose Fulbright Canada E-mail: cllr.lrupdates@callacbd.ca

SARA KLEIN

FEATURES EDITOR

RÉDACTRICE DE CHRONIQUES

Reference Librarian

Lincoln Alexander School of Law

Toronto Metropolitan University Libraries

E-mail: cllr.features@callacbd.ca

KATE MCCANDLESS

COLUMN EDITOR

BIBLIOGRAPHIC NOTES

RESPONSABLE DE LA RUBRIQUE

CHRONIQUE BIBLIOGRAPHIQUE

Research Grants Officer

Western University

E-mail: cllr.bibnotes@callacbd.ca

ALEXANDRA KWAN

ADVERTISING MANAGER

DIRECTRICE DE LA PUBLICITÉ

Digital Services & Reference Librarian

Bora Laskin Law Library, University of Toronto E-mail: cllr.advertising@callacbd.ca

Deadlines / Dates de tombée

January 15/15 janvier May 15/15 mai September 15/15 septembre

MEMBERSHIP / ADHÉSION:

CALL National Office/Secrétariat ACBD

December 15/15 décembre

April 15/15 avril

August 15/15 août

1 Eglinton Avenue East, Suite 705, Toronto, ON, M4P 3A1

Telephone: (647) 346-8723

Fax/Télécopieur: (416) 929-5256

E-Mail: office [at] callacbd.ca

March/mars

July/juillet

November/novembre

‖‖ CONTENTS / SOMMAIRE

Edited by Dominique Garingan and Julie Lavigne

CITED AS Can L Libr Rev

Canadian Law Library Review is published three times a year by the Canadian Association of Law Libraries.

By Erin Clupp By Kate McCandless

CITÉ Rev can bibl dr

Revue canadienne des bibliothéques de droit est publiée trois fois par année par l’Association canadienne des bibliothèques de droit.

© Canadian Association of Law Libraries / Association canadienne des bibliothèques de droit ISSN 1180-176X

‖‖

From the Editor / De la rédactrice

I hope everyone enjoyed the CALL/ACBD conference! As always, our annual conference means a new CALL/ACBD president. I hope you join me in welcoming Mary-Jo Petsche, executive director of the Welland County Law Association, to the role. Welcome aboard, Mary-Jo!

During the Awards Lunch, Hannah Rosborough presented the CLLR Article Awards to this year’s recipients. In case you missed it, the Feature Article Award went to Emily Groper for “Artificial Intelligence and Intellectual Property: AI-Driven Drug Discovery and the Challenges It Poses to the Canadian Patent System” (CLLR 48:3), and the Student Article Award went to Danielle Noonan for “Readers’ Advisory Services in Canadian Prisons” (CLLR 48:1). Congratulations to Emily and Danielle for their outstanding work.

Speaking of feature articles, in this issue, Meg Carruth, Brenna Farquharson, Jessica Sheppard, Kate Terech, and Le Dieu Tran discuss how they promoted the Ontario Legislative Library’s services while working in a hybrid work environment. Their ideas and strategies would translate well to non-hybrid environments as well. You might find something to implement in your own library, whether physical or digital.

This issue also includes our first Perspectives column. This new column will consist of short articles on any topic that might interest CLLR readers. These articles can take a variety of forms: practical or experiential papers describing a process or project, comments or editorial opinion pieces on timely and significant topics, descriptions of a research methodology or technique, case comments, analyses of new statutes or amendments, or interviews with leaders in fields affecting legal information professionals, to name a few. In this issue, Dominique Garingan writes about AI pedagogy and how to incorporate it into legal research curricula and

continuing legal education programs. Have an idea for a future column? Contact Kim Clarke at cllr.perspectives@ callacbd.ca to discuss it.

Finally, I’d like to thank Alisa Lazear for her years of dedication to CLLR as associate editor. She stepped down from the position at our annual meeting in June, after three years of service. Alisa has been an asset to CLLR, and her contributions have made each issue better. We’re sorry to see her go and wish her the best. Thanks, Alisa!

EDITOR

NIKKI TANNER

J’espère que le congrès de la CALL/ABCBD a été apprécié de tout le monde. Notre congrès annuel est, comme toujours, associé à un changement de président.e au sein de notre association. J’espère que vous vous joindrez à moi pour souhaiter la bienvenue à notre nouvelle présidente, Mary-Jo Petsche, qui est directrice générale de la Welland County Law Association. Bienvenue à bord Mary-Jo!

Au cours du dîner de remise des prix, Hannah Rosborough a décerné les prix des meilleurs articles de la RCBD aux lauréates de cette année. Si vous n’avez pu y assister, le Prix du meilleur article de fond a été décerné à Emily Groper pour l’article « Artificial Intelligence and Intellectual Property: AI-Driven Drug Discovery and the Challenges It Poses to the Canadian Patent System » (RCBD 48:3), et le Prix du meilleur article étudiant a été décerné à Danielle Noonan pour « Readers’ Advisory Services in Canadian Prisons » (RCBD 48:1). Félicitations à Emily et Danielle pour ces articles exceptionnels!

Continued on page 7

‖‖ President’s Message / Le mot de la présidente

I am honoured and delighted to address you for the first time as your president. Stepping into this role, I am filled with excitement for the future and grateful to serve this vibrant community of dedicated professionals who continuously strive to advance the field of legal information in Canada.

Firstly, I would like to extend my heartfelt thanks to our immediate past president, Yemisi Dina, for her exemplary leadership and dedication. In November 2023, the executive board introduced the membership to the 2024–2029 CALL/ACBD Strategic Plan and the strategic focus areas and priorities for the next five years. We are tracking the strategic plan on a quarterly basis and are confident that we can complete the initiatives we have scheduled for Year One. My goal is to look for operational efficiencies in our association and create a more transparent relationship with the membership. Many of the initiatives identified under the Financial Health and Organizational Function sections of the plan will help facilitate this goal.

I am excited about the opportunities that lie ahead and look forward to collaborating with each of you to further our strategic plan. Let us continue to support one another, push boundaries, and strive for excellence in all we do. Our greatest asset is our collective knowledge and enthusiasm. I invite each of you to actively participate in the initiatives, share your insights, and contribute to our collective success. Your expertise and passion are the cornerstone of our association, and, together, we can build a brighter future for the Canadian Association of Law Libraries, one that not only meets the needs of today but also anticipates the demands of tomorrow.

In kindness,

C’est pour moi un honneur et un plaisir de m’adresser à vous pour la première fois en tant que présidente. En entrant en fonction, je me sens enthousiaste face à l’avenir et reconnaissante de servir cette communauté dynamique de professionnel.le.s dévoué.e.s qui s’efforcent sans cesse à faire progresser le domaine de l’information juridique au Canada.

Tout d’abord, je tiens à remercier chaleureusement notre présidente sortante, Yemisi Dina, pour son leadership et son dévouement exemplaires. En novembre 2023, le conseil exécutif a présenté aux membres le Plan stratégique 2024–2029 de la CALL/ACBD ainsi que les secteurs stratégiques et les priorités pour les cinq années à venir. Nous assurons le suivi du plan stratégique tous les trois mois et sommes persuadés de pouvoir mener à bien les initiatives prévues pour la première année. Mon objectif est de repérer les gains d’efficience opérationnelle de notre association et de cultiver une relation plus transparente avec les membres. De nombreuses initiatives définies dans les sections Santé financière et Fonctionnement organisationnel du plan contribueront à la réalisation de cet objectif.

Je me réjouis des possibilités qui s’offrent à nous et je suis impatiente de collaborer avec chacun.e d’entre vous pour faire avancer notre plan stratégique. Continuons à nous soutenir mutuellement, à repousser les limites et à viser l’excellence dans tout ce que nous faisons. Notre plus grande richesse est notre savoir et notre enthousiasme collectifs. J’invite tous les membres à participer activement aux initiatives, à partager leurs points de vue et à contribuer à notre succès collectif. Votre expertise et votre passion sont la pierre angulaire de notre association et, ensemble, nous pouvons construire un avenir meilleur pour l’Association

canadienne des bibliothèques de droit qui répondra aux besoins d’aujourd’hui, tout en prévoyant les besoins de demain.

Amicalement,

LA PRÉSIDENTE

MARY-JO PETSCHE

Continued from page 5

En parlant d’articles de fond, Meg Carruth, Brenna Farquharson, Jessica Sheppard, Kate Terech et Le Dieu Tran nous expliquent dans ce numéro leur démarche afin de promouvoir les services de la bibliothèque de l’Assemblée législative de l’Ontario tout en travaillant dans un environnement hybride. Leurs idées et stratégies pourraient aussi bien s’appliquer à des environnements non hybrides. Vous pourriez y trouver des éléments à mettre en œuvre dans votre bibliothèque, que celle-ci soit physique ou numérique.

Ce numéro comprend également notre première rubrique intitulée Perspectives. Celle-ci comprendra de courts articles sur tout sujet susceptible d’intéresser le lectorat de la RCBD. Ces articles peuvent être présentés sous diverses formes. Entre autres, des articles d’intérêt pratique ou expérimental décrivant un processus ou un projet, des commentaires ou des articles d’opinion sur des sujets importants et d’actualité, la description d’une méthodologie ou d’une technique de recherche, des commentaires sur des causes, des analyses de nouvelles lois ou d’amendements ou des entretiens avec des leaders dans des domaines touchant les professionnels de l’information juridique. Dominique Garingan nous présente aussi un article portant sur la pédagogie de l’IA et la manière de l’intégrer dans les programmes de recherche juridique et de formation juridique continue. Vous avez une idée pour un sujet de rubrique à venir? Contactez Kim Clarke (cllr.perspectives@callacbd.ca) pour lui en faire part.

Enfin, je tiens à remercier Alisa Lazear pour ses années de dévouement à la RCBD à titre de rédactrice adjointe. Après trois ans de service, elle a quitté ses fonctions lors de notre assemblée annuelle en juin dernier. Alisa a été d’un apport précieux pour la RCBD, et ses contributions ont permis d’améliorer chaque numéro. Nous regrettons de la voir partir et lui souhaitons beaucoup de succès dans ses projets. Merci, Alisa!

RÉDACTRICE

NIKKI TANNER

‖‖

Perspectives

Creative

and Critical Engagement:

By Dominique Garingan*

An Ongoing Reflection on AI Pedagogy in Legal Practice

The Importance of AI Pedagogy in Legal Practice

Law librarians are well positioned to opine on methods for teaching AI applications in research practice. In recent years, librarians have been educating others about the potentials, risks, and best practices associated with integrating AI tools in research and other aspects of legal practice. We know these technologies can offer several advantages when working with large amounts of data; namely, AI technologies can compute, learn, extract, deduce, compile, and generate at scale. In the context of a specific project or matter, these technologies can increase productivity levels that practitioners may find challenging to achieve on their own with the same time frame, depth, or volume parameters. However, they are not without their share of risks.1

To address integration with practice, continuing legal education and professional development providers have been increasing offerings—in the form of courses, programs, seminars, and other learning activities—on the subjects of technology, AI, and the law. Canadian law societies’ professional competency standards and codes of conduct are also being interpreted to encompass foundational

technological competencies required in legal practice in the advent of AI.

This piece explores existing pedagogical practices and learning initiatives associated with AI in the legal space and how existing learning theories and pedagogical principles may help teaching and learning initiatives aimed at cultivating, in part, the creative and critical mindsets needed for progressively advancing technological competencies required in practice.

Duties of Technological Competence

The presence of, and continued experimentation with, generative AI underlines the increasing significance of AI in legal practice and an increased need for competence in this area.

Some Canadian law societies’ professional competency standards and codes of conduct outline the foundational technological competencies required in the practice of law. For example, in adopting the Western Canada Competency Profile, the law societies of British Columbia, Alberta, Saskatchewan, and Manitoba require lawyers to maintain

* The author is a law librarian serving as Learning & Development Manager (Western) for Norton Rose Fulbright Canada LLP and as a sessional instructor at the University of Calgary’s Faculty of Law. The views in this article are those of the author and should not be understood to reflect the recommendations or practices of affiliate organizations.

1 Margaret Bearman & Rola Ajjawi, “Learning to Work with the Black Box: Pedagogy for a World with Artificial Intelligence” (2023) 54 British J Educational Tech 1160 at 1161.

technological competence and understand the technologies they use in their practices alongside their risks and benefits.2 In all four provinces, this competence is explicitly related to conducting legal research.3 In Ontario, New Brunswick, and Nova Scotia, lawyers are similarly required to develop an understanding of, and ability to use, technology relevant to the nature and area of their practice and responsibilities in addition to an understanding of the benefits and risks associated with the technology.4

Certain law societies also provide practice resources and supports as well as access to continuing professional development to assist practitioners with building, maintaining, and enhancing their technological competence, particularly with respect to generative AI. The law societies of Manitoba and Alberta have each issued guidance documents on generative AI underscoring practitioners’ duties of technological competence.5 The Law Society of New Brunswick includes in its Code of Professional Conduct an appendix addressing guidelines on ethics and new legal technologies.6 In April 2024, the Law Society of Ontario published its long-anticipated white paper on the use of generative AI within the legal profession, providing guidance on how the professional conduct rules apply to the delivery of legal services empowered by generative AI.7 A notable characteristic of the white paper is the emphasis on the necessity for licensees to develop technological competence as part of their professional obligations, urging them to stay informed about developments in AI relevant to their practice areas.8

What is AI Pedagogy?

For librarians required to teach legal research alongside advancements in AI, the “how” of learning is just as important as the “what.” AI pedagogy refers to the methods, principles, and practices of teaching and learning related to AI. It includes designing educational activities (such as formal programs and training), curriculum development, and

instructional strategies that help individuals understand AI concepts, develop AI-related skills, and critically engage with AI technologies.

Given the array of AI tools available to practitioners, it may be challenging to affix capabilities and specific technological competencies that will enable practitioners to immediately thrive in a world with rapidly changing technologies. Much of the guidance provided by the law societies cited above requires a reading and understanding based on both its spirit and letter, given the evolving capabilities of technology.

Recent pedagogical thinking suggests that educators need to look beyond AI-centred views of capabilities and consider the entire ecosystem comprising of the technology, user cognition and understanding, social interaction, and values found in legal practice.9 The increased interconnectivity, complexity, and changes required of the knowledge and skills needed for engagement with AI in practice have compelled both technology-centred skills and literacies alongside competencies inclusive of creativity, analytical thinking, active self-driven learning, and global citizenship.10

In designing legal research learning initiatives involving AI tools, we can see how AI pedagogy is associated with critical legal information literacy as well as legal information literacy. Critical legal information literacy focuses on developing critical approaches to legal research pedagogy.11 While legal information literacy is traditionally grounded on teaching students and practitioners how to identify quality legal information, critical legal information literacy strives to teach students and practitioners to “interrogate legal information by learning about the processes and power structures that shape it.”12

It is not difficult to see how AI pedagogy raises important questions about technology’s relationship with pedagogy in general. Due to the prevalent discussions surrounding AI, law librarians may choose to adopt a technology-agnostic and pedagogy-first approach.13 Here, learning practitioners

2 Law Society of British Columbia, Code of Professional Conduct for British Columbia (Vancouver: Law Society of British Columbia, 2023) r 3.1-2, commentary [4.1]–[4.2] [BC Code]; Law Society of Alberta, Code of Conduct (Calgary: Law Society of Alberta, 2023) r 3.1-2, commentary [5]–[6]; Law Society of Saskatchewan, Code of Professional Conduct (Regina: Law Society of Saskatchewan, 2023) r 3.1-2, commentary [4A]–[4B] [Saskatchewan Code]; Law Society of Manitoba, Code of Professional Conduct (Winnipeg: Law Society of Manitoba, 2023) r 3.1-2, commentary [4A]–[4B] [Manitoba Code].

3 BC Code, supra note 2, r 3.1-1 to 3.1-2; Law Society of Alberta, “Law Practice Essentials” (21 August 2023) 11.8 Technological Competence, online: <learningcentre.lawsociety.ab.ca>; Saskatchewan Code, supra note 2, r 3.1-1 to 3.1-2; Manitoba Code, supra note 2, r 3.1-1 to 3.1-2.

4 Law Society of Ontario, Rules of Professional Conduct (Toronto: Law Society of Ontario, 2022) r 3.1-2, commentary [4A]–[4B]; Law Society of New Brunswick, Code of Professional Conduct (Fredericton: Law Society of New Brunswick, 2023) r 3.1-2, commentary 4[A] [NB Code]; Nova Scotia Barristers’ Society, Code of Professional Conduct (Halifax: Nova Scotia Barristers’ Society, 2023) r 3.1-2, commentary [4A]–[4B].

5 Law Society of Manitoba, “Generative Artificial Intelligence: Guidelines for Use in the Practice of Law” (April 2024), online (PDF): <educationcentre. lawsociety.mb.ca>; Law Society of Alberta, “The Generative AI Playbook: How Lawyers Can Safely Take Advantage of the Opportunities Offered by Generative AI” (2024), online: <lawsociety.ab.ca/resource-centre/key-resources/professional-conduct>.

6 NB Code, supra note 5, Appendix B – Guidelines on Ethics and the New Technology.

7 Law Society of Ontario, Futures Committee, “Report to Convocation” (25 April 2024) at tab 8.1 (White Paper on Generative AI), online (pdf): <lso.ca/ lawyers/technology-resource-centre>.

8 Ibid at tab 8.2 (Best Practice Tips).

9 Lina Markauskaite et al, “Rethinking the Entwinement Between Artificial Intelligence and Human Learning: What Capabilities Do Learners Need for a World With AI?” (2022) 3 Computers & Education: Artificial Intelligence, online: <doi.org/10.1016/j.caeai.2022.100056>.

10Ibid

11 Nicholas Mignanelli, “Notes for a New Legal Research Pedagogy” (2023) 43:3 N Ill UL Rev 265 at 274.

12 Ibid [emphasis added].

13 Tim Fawns, “An Entangled Pedagogy: Looking Beyond the Pedagogy-Technology Dichotomy” (2022) 4

implement PD and CLE learning objectives and methods with technology serving as a vehicle that delivers, illustrates, reinforces, and/or supplements instruction, but that does not influence ultimate skills objectives.14 This technologyagnostic approach encourages learners to remain openminded and unbiased when evaluating various technologies, platforms, and languages. Such a pedagogy asks learners to situate technology as socially grounded, where it is understood, in part, within the contexts of ethics and professional competency requirements.

At times, it may be challenging for law librarians to not be drawn into a technology-first approach, particularly when such technology purports to change legal practice and social behaviours and assume processes typically reserved for human intellect and exceed certain human capabilities. Technological determinism sees technology as driving the social change, where outcomes can be predicted by design and functionality.15 This pedagogy–technology relationship is particularly highlighted when deciphering how to teach generative AI.

AI’s Unique Pedagogical Characteristics

Measuring Learning Progress and Outcomes

Some questions concerning measuring learning outcomes hinge upon the ability of educators and learning designers to 1) deconstruct the AI subject into its core components and uses, 2) apply these core components to rubrics, and 3) engage metrics for measuring cognition and learning. Two questions educators and trainers face surrounding explainability are: if a learner is presented with an AI system alongside an explanation from the system creator of how it works, how do we determine 1) whether the explanation from the system creator is sufficient, and 2) whether the learner has achieved a fulsome and pragmatic understanding of the AI?16

The pragmatic goals of explainable AI involve answering questions such as, “How does it work?”, “What mistakes can it make?”, and “Why did it just do that?” For those tasked with increasing technological competence, however, metrics for the explainability of an AI system may require assessing:

1. the sufficiency of the explanation of the AI from the technology provider;

2. whether learners are satisfied by this explanation, and why (recognizing that as knowledge increases, this may change);

3. how well the learners understand the specific AI tool’s core components, advantages, and risks;

4. how curiosity and critical thinking motivate the search for further questioning and explanation;

14 Ibid

15 Ibid

5. whether the learner’s trust and reliance on the AI tool is contextually appropriate; and

6. how the human–AI work/process/collaboration performs to meet external objectives.17

Exploring That Which is Not Known

Due to discrepancies found in legal and technological expertise, recent pedagogical thinking in this space suggests developing learning initiatives aimed at “working with AI black boxes rather than trying to see inside the technology.”18 Instead of seeking to explain the “black box” nature of AI, there is argument for focusing competency skill building on mediating interactions with these technologies using critical mindsets and interrogatory skills, until sufficient information is uncovered to make intelligent risk analyses and ethical judgments.

Investigating Ambiguity

Despite increasing expertise surrounding the integration of AI technologies with legal practice, learners may still associate AI with an abstract or nebulousness exceeding their technological or theoretical understanding.

Engagement with AI in the completion of legal work requires both an expansive mindset and a deductive and analytical mindset. An expansive mindset encourages curiosity, creativity, and an openness to innovation, potential, and enhanced possibility, given rapid advancement. A deductive and analytical mindset focuses on critical thinking; interrogating ambiguities in processes; understanding the genesis of outcomes; building awareness of risks and limitations, validation and correctness; and encouraging an honest evaluation of what is known, what is unknown, and the likelihood of unknown unknowns. Both mindsets are necessary to appreciate and leverage the benefits associated with adopting technology as well as ensuring the technologies themselves augment, but do not substitute, the evolving skills and competencies required of practitioners.

Teaching and learning about AI requires a degree of resilience, wherein the ambiguity and nebulousness of a system, coupled with the limitations of one’s understanding, do not present as barriers to learning, but instead are viewed as instigators for further investigation and interrogation of a system until a satisfactory level of insight alongside cognitive and ethical comfort is reached.

Some Approaches in AI Pedagogy

One characteristic that can be used to ground AI learning initiatives is that of epistemic curiosity, which is broadly defined as “the desire for knowledge that motivates individuals to learn new ideas, eliminate information-gaps,

16 Robert R Hoffman et al, “Metrics for Explainable AI: Challenges and Prospects” (2019) arXiv, online (pdf): Cornell University <arxiv.org/ abs/1812.04608>.

17 Ibid

18 Bearman & Ajjawi, supra note 1 at 1161.

and solve intellectual problems.”19 This brand of curiosity encompasses a general desire for knowledge, a motive to learn new ideas, and the desire to resolve knowledge gaps and solve problems, even though this may entail high cognitive efforts.20 With generative AI, epistemic curiosity may be stimulated iteratively when a learner recognizes gaps in their knowledge, closes those gaps through cognitive efforts, and builds knowledge from insight.

Instead of seeking to explain AI and generative AI from a technical standpoint, or seeking to shine a light and examine all black box characteristics, pedagogical thinking surrounding AI posits that learners must engage with the opaque, partial, and ambiguous situations that reflect the risks and benefits of the interconnectedness of people and AI.21 Such a pedagogy would ask legal practitioners to approach AI as something socially grounded, where it is critically understood within the contexts of its use, its positive and negative social and professional effects, and practitioners’ duties of technological competency.

Provided varying organizational limitations, AI learning initiatives may materialize in both structured and organic contexts. Structured contexts may include organizationvetted training initiatives designed and led by subjectmatter experts or undertaken through a collaboration of various internal departments, advisors, and external third parties. Organic contexts feature less control on behalf of the organization over the learning structure and may include self-directed learner initiatives such as reviewing preexisting publications, enrolling in on-demand courses, self-regulated study and knowledge-building, and interacting with peers, colleagues, vendors, experts, and other parties on various platforms.

Knowing both learner requirements and the structured and organic contexts available to learners for building their AI knowledge will likely help librarians seeking to adopt various approaches in AI pedagogy.

Getting Started: Designing Learning Activities for Increasing AI Competence

AI pedagogy may be categorized into two substantive approaches, analogous to internalization and experimentation:

1. orienting learners to the conceptual, regulatory, efficiencies, risks, ethical, and other considerations that surround AI and generative AI (i.e., understanding the evolving tacit and explicit “what” of AI); and

2. providing learners with meaningful interactions with generative AI systems (i.e., stepping into the sandbox and “playing the game”).22

In the law firm setting, AI pedagogy initiatives may ignite one or both approaches, depending, in part, on the teaching

and learning methodologies, resources available for training initiatives, and overarching organizational strategies and goalposts.

AI pedagogy has been adapted in the practice of law in several ways, reflecting the broader integration of artificial intelligence in legal education and professional training. Below is a list of activities that may be considered in the context of teaching legal research with AI-integrated tools.

1. Integration of AI in Legal Curriculum: Organizations may integrate AI-related courses and modules into their legal research curriculum. These courses may cover topics such as natural language processing, extractive and generative AI, retrieval augmented generation, and ethical considerations associated with AI in legal research.

2. Conceptual Understanding and LevelSetting: This theoretical grounding helps build an understanding of AI principles. This grounding may include a combination of activities such as lectures, internal and external courses based on a fixed curriculum, and internal dialogue and moderated sessions where participants can discuss and apply their knowledge to specific contexts and job-related projects and activities.

3. Practical Training with AI Tools: If access is permitted, organizations may provide practical training opportunities to work with specific AIintegrated tools. This hands-on experience helps learners develop AI-related skills and familiarity with technology used in the legal profession. Similarly, problem-based learning allows practitioners to explore real-world AI challenges, collaborate with peers, and apply theoretical knowledge in practical contexts.

4. Simulation, Case Studies, and ProblemBased Learning: AI pedagogy in law may involve simulations and case studies that incorporate AI technologies. These simulations can help learners understand how AI tools and algorithms are used in practice in secure training environments. These training initiatives may involve adaptive learning, which consists of personalized learning platforms and adaptive technologies to tailor educational content and experiences based on practitioners’ needs and preferences.

5. Ethics and Regulatory Considerations: Although not a specific approach or activity, AI pedagogy in law must be grounded on the ethical principles and regulatory considerations surrounding AI adoption in legal practice. This grounding may lead to learning initiatives aimed

19 Jordan A Litman, “Interest and Deprivation Factors of Epistemic Curiosity” (2008) 44 Personality & Individual Differences 1585 at 1586.

20 Hoffman et al, supra note 16.

21 Bearman & Ajjawi, supra note 1 at 1160.

22 Ibid

at exploring responsible AI development, privacy, transparency, accountability, bias in AI algorithms, as well as fairness in AI design, deployment, and usage.

6. Interdisciplinary Approach: Organizations may adopt an interdisciplinary approach to AI pedagogy, encouraging dialogue and collaboration between experts in disciplines such as computer science, data science, and ethics. This approach highlights the benefits of multiple perspectives and reflects the multifaceted nature of AI and its layered implications for legal practice.

7. Formalized Continuing Legal Education (CLE) Programs: Engaging law societies and CLE providers may result in programs aimed at continuous learning and professional development in AI-related fields. These may take the form of accredited online courses, workshops, seminars, and communities of practice. These initiatives provide practitioners with opportunities to stay updated on advancements in AI technology and learn about new legal applications of AI from experts, peers, and fellow practitioners.

8. Research and Innovation: Organizations such as law schools and legal research institutes are well placed to lead initiatives exploring the use of AI in legal practice as well as share and publish findings. These may be grounded, in part, on critical thinking and encouraging learners to analyze the interconnected nature of AI’s societal impacts, ethical considerations, and potential and realized impacts to legal services.

Conclusion

Reflecting on AI pedagogy and teaching practices—i.e., the “how” of learning—may empower law librarians with the knowledge, skills, and competencies needed to navigate the increasingly AI-driven world and contribute meaningfully to the critical legal information literacies of students and practitioners. Given AI’s evolving nature, regulation, and the prevalence of dialogue surrounding it, learners would likely reap advantages from AI pedagogies and learning initiatives that acknowledge the realities of working in complex, interdisciplinary spaces with temporal, restricted, and/or indeterminate information, and address how to move forward from there. By integrating AI education into legal research curricula and CLE programs, the legal community can better leverage AI tools while addressing the associated ethical, regulatory, and societal implications.

‖‖ Marketing Our Services in a Hybrid Workplace

By Meg Carruth, Brenna Farquharson, Jessica Sheppard, Kate Terech & Le Dieu Tran*

ABSTRACT

This article provides an overview of the client outreach strategies that staff members of the Ontario Legislative Library employed while working in a hybrid environment. We provide references to library and marketing industry resources that informed our work as well as outreach recommendations based on our experience. We define “client outreach” as activities including marketing, promotional material, advertising, library tours, and client training.

SOMMAIRE

Cet article donne un aperçu des stratégies de sensibilisation que les membres du personnel de la Bibliothèque de l’Assemblée législative de l’Ontario utilisent auprès des clients depuis qu’ils travaillent dans un environnement hybride. Nous fournissons des références aux ressources de la bibliothèque et à celles de l’industrie du marketing qui ont éclairé notre travail, ainsi que des recommandations en matière de sensibilisation fondées sur notre expérience. Nous définissons la « sensibilisation des clients » comme des activités comprenant le marketing, le matériel promotionnel, la publicité, les visites de la bibliothèque et la formation des clients.

Introduction

The Legislative Library is a special library that provides nonpartisan and confidential services to Ontario’s Parliament. We provide services in partnership with the Legislative Research branch, a specialist team of lawyers, economists, and policy analysts. Our clients include Members of Provincial Parliament (MPPs) and their staff, caucus staff, and Office of the Legislative Assembly staff. As public service is limited, our client outreach strategy almost exclusively leverages internal communication channels. While many libraries have well-established digital outreach practices, due to our specialized clientele, we lean into traditional marketing methods like signage, print promotional materials, and inperson engagement, such as training and tours.

When we transitioned to working from home in March 2020, we quickly adapted to marketing our services remotely. The experience of adjusting these strategies honed our guiding principles of client outreach and later served us well as the Legislative Assembly transitioned into its current hybrid environment. The temporary loss of access to the library space and in-person clients caused a loss of visibility and engagement during a time when our information services were crucial to our clientele of legislators. As libraries around the world faced the impact of losing or restricting direct client access and services, we were not alone.1 We grappled with

* Meg Carruth, Brenna Farquharson, Jessica Sheppard, Kate Terech, and Le Dieu Tran are staff of the Legislative Library at the Legislative Assembly of Ontario who served on its Client Outreach Team, as well as its Library Website Governance, Promotions, and Design & Display teams. Each of these specialized teams comprise staff from both the Legislative Library and Legislative Research branches and work in coordination to engage with clients for the promotion of our services and collections. This article is adapted from the TALL eXchange 2022 presentation “Marketing Successes and Shelved Strategies: Promoting Our Services in Times of Change” by Brenna Farquharson with Meg Carruth, Jessica Sheppard, Kate Terech, and Le Dieu Tran.

1 Iain Watt, “The Response of Parliamentary Library and Research Services in the COVID-19 Crisis” (16 October 2020), online (pdf): IFLA <repository. ifla.org/handle/123456789/887>.

how to adapt our outreach response to align with current health and safety measures and how to best serve clients throughout the pandemic’s first years. This article provides an overview of how we adapted our outreach framework, honed guiding principles, and continue to incorporate strategies developed during the early years of the pandemic.

Promoting COVID-19 Resources on the Library Website

The core internal, client-facing space of the Legislative Library and the Legislative Research branches is the Library Publications website, which features several publication series written and curated by our staff. We leverage this website as an outreach platform, enabling clients to learn about resources and services, including our question submission form, training registration form, contact information, event postings, and links to the catalogue and library databases.

In anticipation of our clients’ information needs, the Library and Research branches launched a focused series about COVID-19, ultimately producing over 20 research publications on the topic. With the library’s shift to primarily remote work during the initial stage of the pandemic, it was important that our web presence remained current and featured timely content such as our COVID-19 Timeline and COVID-19 Vaccinations briefing. Our web presence helped communicate to clients that they could expect the same level of service as before, despite the temporary loss of our physical space.

To market this special collection of publications, we created a dedicated landing page for all publications under the COVID-19 umbrella. We added a dismissible banner that read “COVID-19 Resources” on each Library Publications

webpage to drive traffic to this collection.

Adjusting the library’s existing digital platform to promote this special publication series helped make the Novel Coronavirus briefing and COVID-19 Timeline our most visited publications in 2020, a trend that continued well into 2022. Over the course of this stage of the pandemic, there was a steady increase in the number of visits to the Library Publications page overall. In the first year of the pandemic, the average number of Library Publications page views for the entire website was about 1,000 per month.

Adapting Print Promotions as Digital Portals

Print advertisements have long been central to the library’s client outreach strategy, but during the early days of the pandemic, we considered how to use them as a portal to our digital resources. Our print materials include posters, handouts, brochures, bookmarks, display cases, bulletin boards, table talkers, and more. We incorporated a digital element to these traditional approaches with the addition of QR codes that guided clients to the Library Publications webpage, research request form, and training registration.

Process of tracking efficacy of promotional methods

As the House continued to sit during this time, MPPs and staff remained in the building, albeit in reduced numbers. With this in mind, we re-introduced QR codes to our posters and displayed them on the cafeteria bulletin board for clients at Queen’s Park (the Ontario Legislative Building). Prior to the pandemic, we negotiated permanent use of one of the bulletin boards in the cafeteria, a high-traffic area in our building. We use this bulletin board as a space for posters advertising new products, collection additions, services, and events. We also placed posters with QR codes on the library’s front doors and, as we slowly reopened the library space, brought them inside.

Landing page for COVID-19 publications

In addition to enabling client discovery of our digital platforms and services, QR codes help us measure the impact of advertising by using trackable campaign URLs. Thanks to this process, we know that QR codes promoted on our bulletin board resulted in approximately 140 web sessions with nearly 400 page views between January 2020 and October 2023.

Today, print advertisements and displays endure as a central component of our outreach strategy. They continue to serve as a portal to digital platforms, and we have a renewed appreciation of their impact. While we recognize the significance that we place on print may seem dated, we suggest that print is refreshing after near-exclusive digital engagement in the pandemic’s early years. With the influx of digital outreach across industries, both before and after COVID-19 restrictions and safety measures, traditional marketing media such as mailers and flyers are increasingly rare promotional tools and are therefore notable in their tactility.2

Leveraging Media Monitoring as Advertising Space

Thanks to its broad reach and popularity, we also leverage the library’s media monitoring service Toronto Press Today (TPT) as an important digital advertising space. TPT features staff-selected articles of interest to legislators from the four major Toronto daily newspapers monitored by our Press Clippings Service. Staff curate and publish TPT using MailChimp to deliver issues to email inboxes Monday through Friday, reaching nearly all our core clients.

For resources we advertise with trackable URLs in the TPT, views double and sometimes triple in the days following advertisements. Further, TPT’s email open rate averages about 30 per cent daily, exceeding industry standards of 21 per cent for all industries and 29 per cent for governmentrelated emails.3 With such successful metrics, we preserve this prime advertising space by using it sparingly, creating a scarcity that helps advertisements standout.

One such campaign is the annual TPT “Wrapped” advertisement. We first published this advertisement in December 2020, on the last sitting day of the House, during the first pandemic holiday season. Our Wrapped advertisement is a riff on Spotify’s annual Wrapped campaign that highlights Spotify users’ annual listening habits. The focus of our rendition celebrated sustained hybrid service excellence with the slogan “From your home or the office, the Legislative Library continued to serve you.” The advertisement shone a spotlight on statistics such as the number of new publications produced, research requests answered, committee reports written, and collection items added during that year. The advertisement is now an annual feature that we use to highlight rotating successes and good news stories.

In addition to being a celebratory feature for clients, an added

benefit to the advertisement is its recognition of service achievements of our team, who look forward to seeing the highlight each holiday.

Developing Hybrid Client Training Skills

As in other libraries, the onset of the pandemic required us to pivot from delivering in-person to virtual training. At that time, many on our team had little experience offering virtual training, and several staff members were new to providing the library’s client training program altogether. The primary objective of our client training is to highlight Library and Research staff expertise, services, and resources through library orientation sessions, but we also offer training to develop our clients’ independent research skills. Upskilling as trainers was especially crucial as the 2022 Ontario election approached and brought with it potential for new MPPs and staff to orient to our services. As such, we embarked on a peer-to-peer training series to empower staff as hybrid trainers and to ensure streamlined learning outcomes and effective client outreach messaging.

To formulate a peer training strategy, we turned to the e-learning blended skillset framework as described by Heather McTavish. McTavish defines this framework as combining instructional design, education technology, and library skills.4 For that reason, our sessions included tips about popular instructional design strategies such as adaptive learning, technology tips using education apps and Microsoft Teams, and encouragement of new trainers by underscoring their existing expertise and experience as librarians and library technicians. As part of the initiative, we also designed supportive staff tools, including clearly defined learning outcomes, scripts, and slides for each of the library’s standard client training sessions.

As the Assembly transitioned to its current hybrid work model in summer 2022, we resumed in-person training while continuing to offer these services virtually. Since the beginning of 2022, over 30 client offices have received training. We examined subsequent client request data, finding that all but one office placed at least one case since their training session. Fifteen offices placed between 0 and 9 requests, nine between 10 and 29, three between 30 to 49,

2 Jamie Hardie, “Communicating Your Brand with Passion, Conviction, and Honesty” (delivered at the OLA Super Conference, 29 January 2020) [unpublished].

3 MailChimp, “Email Marketing Statistics and Benchmarks by Industry” (last visited November 2023), online: <mailchimp.com/resources/email-marketingbenchmarks>.

4 Heather McTavish, Emerging Online Roles for Academic Librarians in Canada (Master of Arts in Education Thesis, Ontario Tech University, 2019) [unpublished], online: <hdl.handle.net/10155/1099>. 2021’s Wrapped advertisement

and six of the offices placed over 50 requests. Repeat usage by trained clients indicates that the sessions effectively promote our services.

The team provided feedback that the peer-to-peer sessions coupled with the prepared scripts and slides made them feel confident and well prepared to deliver client training.

Calling Clients the Old-Fashioned Way

Following the 2022 Ontario Election, the Library launched a cold calling campaign, paired with a follow-up welcome email, to spread awareness of our services to prospective clients working at Queen’s Park, in constituency offices, or remotely. We targeted staffs of 36 newly elected MPPs and one returning MPP whose office had not made use of Library and Research services in the previous Parliament.

Cold calling outreach objectives included providing an overview of our services and custom products, an offer to register for a client training session, and specific examples of research requests we can complete (e.g., research to prepare for debate, jurisdictional scans, histories of government programs, etc.).

Following each answered call, the client received a welcome email, which reiterated the service overview provided over the phone and contained links to resources, contact information, and samples of fictionalized reference request responses.

To support library staff delivering cold calls, we again provided peer-to-peer training and designed two standard scripts tailored to either Queen’s Park political staff or constituency office staff. The script designed for Queen’s Park staffers highlighted how Library and Research can help MPPs prepare for debate or provide background for a private members’ public bill. The script designed for constituency office staffers focused on localized research such as riding information and the ways we can help answer questions submitted by constituents.

Much like the value placed on the library’s print promotions and displays, we propose that the traditional marketing tactic of cold calling makes the marketing campaign feel noteworthy and personalized. The follow-up welcome email complements the initiative by offering easy digital access to the services and resources discussed over the phone. From among the targeted new MPPs, all but two offices have submitted a library request, and offices that received cold calls have some of the highest request rates.

Conclusion

The Legislative Library’s client outreach strategies have evolved as our workplace transitioned to a hybrid environment. We adapted and developed creative solutions, upskilled on the fly, and pushed ourselves to blend digital and traditional marketing methods.

As we move forward in the hybrid work environment, we continue to reiterate and refine our approaches to marketing and outreach. The success of the COVID-19 publication series encouraged us to adopt a more coordinated, intentional approach to topic selection and to bundle new publications on themes that are timely and have high salience for clients. Subsequent single-subject research collections include the Legislative Overview, prepared in anticipation of the start of a new Parliament, as well as the Health Policy and Housing Policy series. QR codes on select print promotions bridge connections to our digital publications and in our physical space, and we have reintroduced a display of printed research papers for readers who prefer a hard copy.

We continue to be mindful of platform fatigue and avoid overusing TPT advertising space so that each promotion stands out. December 2023 saw the publication of the fourth annual “Wrapped” advertisement, which we are always excited to share with our clients.

Our peer-to-peer training initiatives expanded into a series of sessions under the moniker “Train the Trainer.” This peer support model provided our team with the confidence to share their knowledge with clients in training sessions. We aim to continue this practice when new training opportunities arise. Lastly, we will review the cold calling campaign and refine the best practices to prepare for our outreach plan before the next general election in Ontario.

The outreach efforts throughout the early days of the pandemic, and later during the transition to hybrid work, generated page views for our publications, sparked client requests from new Members’ offices, and drove repeat library usage. It is clear that there is an ongoing market and need for our services, which we will continue to meet wherever our clients are located.

Number of cases placed by the MPP offices that have received training

Sample welcome email that followed answered cold calls

‖‖ Reviews / Recensions

Edited by Dominique Garingan and Julie Lavigne

Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History. Lori Chambers & Joan Sangster, eds. Toronto: Osgoode Society for Canadian Legal History, 2023. xiv, 344 p. Includes illustrations, bibliographic references, and index. ISBN 9781487553906 (hardcover) $95.00; ISBN 9781487553913 (ePUB) $95.00; ISBN 9781487553920 (PDF) $95.00.

Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History is one of the latest additions to the library of scholarship produced by the Osgoode Society for Canadian Legal History and is, perhaps surprisingly, the first devoted to women, gender, and the law. This volume has two of Canada’s leading historians on social and socio-legal history as its editors: Lori Chambers, professor of history and women’s studies at Lakehead University, and Joan Sangster, professor emerita of history at Trent University.

As stated by the editors, “this book is explicitly and unapologetically feminist, starting from the premise that women deserve material security, safety, and dignity in their lives, and have the right to equal protection of the law” (p. 8). Through the art of legal storytelling, this anthology delves into historical cases concerning women and gender dynamics to bring to light the power dynamics ingrained within the legal system.

Each chapter unfolds a specific legal dispute and analyzes its significance and outcome within the context of its era, with particular attention paid to the personal experiences of the individuals navigating the legal process. These cases shed light on the historical dynamics of power and resistance and exemplify diverse norms found within the legal system.

In them, women are seen consistently playing active roles in pursuing their interests despite facing constraints or oppression.

Composed of 10 essays on women’s interaction with the legal system, this volume covers criminal, labour, family, and human rights law, both in common and civil law, from the mid-eighteenth to the late twentieth centuries. The collection features a diverse array of legal cases, ranging from the well-known to the obscure, and from individual struggles for justice to cases influenced by powerful state actors. Throughout these narratives, various themes are explored, including the gendered nature of legal institutions, the socioeconomic and racial biases inherent in legal practice, the blurred distinction between public and private spheres, the pervasive influence of dominant ideologies on the law, the underlying assumptions rooted in settler colonialism, and the emergence of new legal challenges, such as sexual harassment.

Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History aims to comprehend the unequal dynamics within the law alongside the social constructs of gender, class, colonialism, and ethnicity. Its compilation of essays offers an important and captivating overview of the advancements made in feminist historical research. It is strongly recommended for all law libraries across Canada.

REVIEWED BY SONIA SMITH Law Librarian Nahum Gelber Law Library McGill University

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. ISBN 9781990735264 (softcover) $35.00.

Indigenous Justice is a collection of stories and essays written by legal and law enforcement professionals, both Indigenous and non-Indigenous, who have worked with First Nations, Inuit, and Métis people in the Canadian criminal justice system. Edited by Lorene Shyba, PhD, and Dene filmmaker and writer Raymond Yakeleya, Indigenous Justice is the newest book in Durvile’s True Cases Series. Durvile & UpRoute Books is an independent press located in Calgary, Alberta, that publishes books with a focus on true cases, biographies, and Indigenous literature.

The book has three parts, each containing chapters written by members of a specific profession: judges (and a senator) in Part I, lawyers in Part II, and law enforcement and parole officers in Part III. The chapters are in memoir style and are therefore largely based on individual experiences. In some cases, they are supplemented by external research.

While the chapters in Indigenous Justice cover a range of perspectives and topics, common themes emerge throughout the book. One theme is the injustice experienced by Indigenous People in the Canadian criminal justice system. Although stories of injustice and suffering may be distressing to read, Chief Justice Shannon Smallwood explains, “Only by learning about the experiences of Indigenous People in the criminal justice system in the past can we move forward” (p. xi).

The injustices recounted in this book are numerous and varied, and while some took place in the more distant past, others continue today. Despite the variety of content, what all the stories have in common is the existence of racism and discrimination within the Canadian criminal justice system. In “The Story of S: A Study in Discrimination and Inequality,” the Honourable Kim Pate discusses the factors contributing to the gross over-representation of Indigenous women in Canadian prisons. In “Treaty Lessons: The Killing of Colten Boushie,” Eleanore Sunchild, KC, tells of the systemic racism she witnessed in the court system while supporting the family of Colten Boushie during the trial of Gerald Stanley. And, in “There is No Law Against It Constable,” Ernie Louttit recounts his experiences in the 1980s confronting indifference and apathy within the Saskatoon Police Service toward addressing the problem of solvent abuse among Indigenous youth. These are just a few examples of the many stories illustrating the injustices faced by Indigenous People in the criminal justice system.

In general, the book presents the implementation of culturally appropriate processes and programs as a way for the Canadian criminal justice system to move forward in its interactions with Indigenous People. Although many of the chapters contain darker themes of suffering and injustice, there are also positive themes in the book. One such

1 Williams v Gaye, 895 F (3d) 1106.

theme is recovery and rehabilitation through the discovery and implementation of Indigenous knowledge and cultural practices; for example, several chapters contain accounts of Indigenous inmates who have found healing by participating in restorative justice and other culturally relevant programs within the prison system. Other chapters focus on the experiences of legal practitioners who have facilitated or participated in sentencing circles and other restorative justice practices, and who advocate for their continuation and enhancement across the country. Other chapters focus on innovative programs that seek to restore relationships between Indigenous communities and the justice system, such as the Human-Centred Engagement and Liaison Partnership (HELP) unit of the Edmonton Police Service, which pairs police officers with Indigenous navigators to provide support to vulnerable people in the community.

This book succeeds in raising awareness of the historic and ongoing injustices experienced by Indigenous People in the Canadian criminal justice system, as well as in showing a way forward with culturally appropriate processes and programs. The fact that the authors come from all levels of the criminal justice system exposes the widespread and systemic nature of the problems. The first-hand accounts are both compelling and easy to read, making the book accessible and engaging for a variety of readers.

I recommend Indigenous Justice to any library that supports educational institutions that train future legal and law enforcement professionals. In addition, public libraries should consider acquiring this book to provide the public with an opportunity to learn about the experiences of Indigenous People in the Canadian criminal justice system. A percentage of the proceeds from the purchase of the book goes to the Stardale Women’s Group and Esquao Institute for the Advancement of Aboriginal Women.

REVIEWED BY LESLIE TAYLOR Research & Instruction Librarian Lederman Law Library Queen’s University

Music Borrowing and Copyright Law: A Genre-by-Genre Analysis. Edited by Enrico Bonadio & Chen Wei Zhu. Oxford: Hart, 2023. xviii, 464 p. Includes bibliographic references and index. ISBN 9781509949380 (hardcover) $249.75; ISBN 9781509949397 (ePub) $199.80; ISBN 9781509949403 (PDF) $199.80.

Copyright and music borrowing have received significant media attention in recent years. In 2015, a jury found that the song “Blurred Lines” by Robin Thicke and Pharrell Williams infringed the copyright of Marvin Gaye’s estate due to having a similar feel to the song “Got to Give It Up.” Thicke and Williams paid US$7.3 million to the Gaye estate.1 This heavy-handed decision had downstream effects on copyright litigation. In 2019, Taylor Swift was accused of infringing the simple line, “players gonna play, play, play, play, play and the haters gonna hate, hate, hate, hate, hate.” She

settled out of court.2 In 2021, Olivia Rodrigo, an artist who has talked openly about the musicians who have inspired her, retroactively ended up paying half of her royalties for the song “Good 4 U” to the band Paramore, despite her legal team having reached out to them before publishing her debut album. This scenario was not about lyrics, but a similar melody and chord progression. Rodrigo also added a songwriting credit for the band, presumably to avoid a lawsuit.3 In a full circle moment in 2023, Ed Sheeran won a copyright infringement lawsuit brought forward by the Gaye estate claiming the song “Thinking Out Loud” infringed chord progressions from “Let’s Get It On.” Sheeran has since said, “These chords are common building blocks which were used to create music long before ‘Let’s Get It On’ was written, and will be used to make music long after we’re gone. They are in a songwriter’s alphabet, our toolkit, and should be there for all of us to use.”4

While these infringement claims are but a few recent and popular examples, they highlight several points of significance. First, the relationship between copyright law and music borrowing is dynamic. Second, copyright and music borrowing have most often been considered and centred around a Western perspective. Third, there is a concern that copyright may stifle creativity in the music space. And fourth, the relationship between copyright law and music requires a fulsome review to better understand the borrowing norms and practices of musicians.

Edited by Enrico Bonadio and Chen Wei Zhu, Music Borrowing and Copyright Law: A Genre-by-Genre Analysis confronts the valuable task of addressing these points of significance, amongst others. IP scholar Paul Heald states in the foreword that this edited collection is a significant contribution to copyright law, one that provides the raw material necessary for a rational law of music copyright, a law that could, and should, defer more to musicians themselves.

The central theme running through the collection is that music creativity and borrowing activities are amorphous. This is because music borrowing occurs through collective bargaining between musicians, creating an inherent struggle for the role of copyright law. Variations on this theme are demonstrated through genre-specific analyses. In this collection, experts and contributing authors of varying backgrounds, ranging from intellectual property law scholars and lawyers to forensic musicologists and cultural economists, write chapters on Western and non-Western music, including genres such as pop, hip-hop, jazz, reggae, calypso, Indo-Caribbean, Irish folk, flamenco, Benga beat, Indigenous Australian, and Māori. Other chapters encompass broader descriptions of types of music, including Israeli, South African, Japanese, traditional Chinese, and traditional Greek. While not comprehensive, this widened scope of genres is notable and provides a necessary shift away from a primarily Western perspective.

The collection is structured in two parts. Part I: Music Genres,

2 Hall v Swift, 786 Fed Appx 711 (Mem).

Borrowing and Copyright focuses on the foundational issues of music borrowing and provides a theoretical foundation for recalibrating copyright law with music-borrowing practices. Broadly speaking, this part provides a high-level overview of the ontological struggle of music borrowing and copyright law. It speaks to how essential a nuanced understanding of culture is in relation to music creation (they cannot be separated) and, as a result, how black letter copyright law cannot adequately address reworking and music borrowing because copyright is impacted by both genre and culture.

Part II: Analysing Music Genres and Their Relationship with Copyright extends copyright analysis beyond the existing literature’s concerns about similar melodies and lyrics. It does this, in part, by providing clear examples of the norms and traditions of music borrowing and reworking these as tenets of music creation for specific genres and geographic regions. Woven throughout each chapter is an examination of the delicate balance between creators’ rights and the preservation of artistic freedom. The themes of appropriation, colonialism, adaptation and derivation, plagiarism, hybridisation, and “the commons” are addressed across various cultures and through domestic legal frameworks. Altogether, Part II encompasses the indivisible nature of music and culture that tends to be neglected in conventional copyright analysis.

The editors point to several potential shortcomings. Despite recognizing the ontological problem of copyright and music in Part I, they then organise Part II by genres within broad graphic regions (e.g., Americas, Europe, Africa and Middle East, and Asia and Oceania). While this taxonomy serves to improve navigation for the reader, by doing so, it also identifies common socio-culture conventions of a region and tangentially supports the ontological nominalist impulse to localize smaller units of music into copyrightable material. The collection is not comprehensive in its provision of music genres—how could it be? The editors’ stated intention, arguably achieved, is to invite further scholarly communication on the topic.

Music Borrowing and Copyright Law: A Genre-by-Genre Analysis is an essential addition to any IP or music collection in an academic library. The novelty and value of this curated collection is that it extends the discussion of music borrowing to new, often overlooked regions and genres of music. It also addresses copyright through the intertwining historical cultural practices and norms that have since been overlooked. The chapters in this collection would make excellent reading for courses on IP, copyright, music history, and specific genres of music. Finally, anyone interested in music or IP at a general level will find this collection fascinating.

REVIEWED BY HANNAH ROSBOROUGH Instruction

& Scholarly Communications Librarian

Sir James Dunn Law Library Schulich School of Law

3 Kirbie Johnson, “Olivia Rodrigo, Paramore, and the Murky Tides of Copyright Infringement” Dazed (7 September 2021), online: <dazeddigital.com>.

4 Structured Asset Sales, LLC v Sheeran, 673 F Supp (3d) 415; Daniel Kreps, “Ed Sheeran Wins ‘Thinking Out Loud’ Copyright Trial” Rolling Stone (25 September 2023), online: <rollingstone.com>.

The Fire Still Burns: Life In and After Residential School By Sam George with Jill Yonit Goldberg, Liam Belson, Dylan MacPhee & Tanis Wilson. Vancouver, B.C.: UBC Press, 2023. xi, 133. Includes reader’s guide. ISBN 9780774880855 (softcover) $21.95; ISBN 9780774880879 (ePub) $19.95; ISBN 9780774880862 (PDF) $19.95.

The Fire Still Burns: Life In and After Residential School is a personal memoir by Squamish Elder Sam George, recounting his early life on a reserve, his time at St. Paul’s Residential School in North Vancouver, B.C., and how that experience tainted the rest of his life. Though not strictly a legal text, this book illuminates and elucidates the residential school experience for those keen on contributing to reconciliation.

An afterword by Jill Yonit Goldberg explains how Sam George’s memoir came into being: George participated in a course at Langara College run by Yonit called Writing Lives, which focuses on interviewing survivors of the residential school program to contribute to the Truth and Reconciliation movement.

George begins by describing his memories of his home and community as a young child. He recalls a family situation in which his older siblings took care of the little ones when his parents were busy, and his grandmother “Ta’ah” lived down the street. The Elders all spoke the Squamish language, which George understood but couldn’t speak. The members of his band gathered as a community for large dinners or days at the beach; the children went to the movies together or swam in the ocean or fished.

George describes a somewhat idyllic childhood, markedly free from interaction with white people—until the day the RCMP came to the door and marched him and his siblings up the hill to the local residential school. There, George would become known to the nuns who ran it as “Number 3,” the number he was assigned upon his arrival.

At residential school, George learned a great many things, including how to become invisible, how to take care of himself though still a child, and how to look out for other kids as well. He also learned that running away didn’t do any good, as he would always be found and hauled back, although that didn’t stop him and many others from trying. The nuns also inculcated the children with the idea that they were “ugly and dirty.” George permanently lost hearing in one ear from a beating he endured while at school. In the meantime, he was also tacitly learning that white people meant pain and hatred; he suffered both physical and sexual abuse at the hands of the nuns who were supposed to care for him.

George makes clear that all the children at the school absorbed some amount of the nuns’ loathing into their psyches. For years, George kept the sexual abuse hidden out of shame. After leaving school, he began drinking heavily, which eventually led to fighting and jail time. After several years of cycling through incarceration, parole, and more incarceration, George found work as a longshoreman and over time it grew into a career. But still he anesthetized his emotional pain with drinking and drugs, as did many of

his family members and friends who had also lived through the residential school system.

After years of addiction followed by periods in rehab, George finally found relief through Tsow-Tun Le Lum, an Indigenous rehabilitation centre that used traditional methods, such as sweat lodges, as well as talk and writing therapy to treat addiction.

George not only managed to overcome his addiction, but he also found a great measure of healing. He explains, “I’ve come back to my culture and helped others—younger people—come into it. Sweats. Sundance. These things saved me. I’ve been doing them for more than twenty years. Now I’m a Sundance Chief.” In addition, he worked as a counselor at Tsow-Tun Le Lum to help others not only overcome addiction, but also to find their way back to the Squamish Indigenous community.

Sam George’s story is not only culturally significant but is crucial in a legal context for any depth of knowledge of the scars left by residential schooling and any notion of how reconciliation must move forward.

The Fire Still Burns would be an excellent addition to any law library serving Indigenous people, or to any academic library with an Aboriginal or Indigenous Law collection. While some may ponder its suitability in a private firm, any lawyer practicing Aboriginal or Indigenous Law would do well to sit down with this book and drink deeply of the story within.

REVIEWED BY

STEPHANIE KARNOSH

Reference Librarian Cassels

The Quantified Worker: Law and Technology in the Modern Workplace. By Ifeoma Ajunwa. Cambridge, U.K.: Cambridge University Press, 2023. xiv, 461 p. Includes bibliographic references, illustrations, and index. ISBN 9781316636954 (softcover) $39.95.

The Quantified Worker begins like a dystopian science fiction story. To get the job, a worker is subjected to interviews conducted by an automated hiring platform, personality quizzes to assess her mental state, and genetic testing to participate in the employer’s wellness program. To keep her job, she wears a device to track the most intimate details of her health, performs for a mechanical manager, and all her movements are tracked. The twist? All of this is already here, thanks to “surveillance capitalism,” in which workers’ “every move [is] tracked and monitored in service of profit-making” (p. 2).

This bleak present is shown to us by author Ifeoma Ajunwa, a professor of law at Emory University and the founding director of its AI and the Law Program. An award-winning law and technology scholar, Ajunwa’s research focuses on “ethical governance, privacy, and discrimination issues in workplace AI and automated decision-making technologies.”5 In The Quantified Worker, Ajunwa deftly distills the ways in which

5 Emory University School of Law, “Ifeoma Ajunwa” (last visited 9 March 2024), online: <law.emory.edu/faculty/faculty-profiles/ajunwa-profile.html>.

technologies based on AI and big data impact workers, while also providing some law-based solutions.

The book comprises 12 chapters in four parts. The first two chapters in Part 1 explain Taylorism and Scientific Management theory and provide a brief legal history of labour relations in the U.K. and U.S. (noting key cases and legislation). The next six chapters address the use of mechanical managers during worker recruitment, and then surveillance once the worker is hired. So-called “neutral” automated hiring platforms use flawed algorithms that perpetuate a lack of diversity in organizations by selecting candidates based on “cultural fit” (Chapter 3). Seemingly innocuous workplace personality tests end up functioning as medical exams and cultural knowledge tests, disadvantaging neurodiverse and racialized candidates (Chapter 4). Ajunwa points out the inherent bias found in facial analysis and emotion recognition used in automated video interviewing platforms, which mirrors the well-known problems with phrenology (Chapter 5). Chapters 6–8 address surveillance experienced by workers in the physical workplace or while telecommuting, in wellness programs, and during the COVID-19 era.

The next two chapters make up Part III: Quantified Discrimination. These chapters are about wearable technologies (Chapter 9) and racial quantification (Chapter 10). Although these chapters are adapted from Ajunwa’s earlier work, they have been expanded and updated for this publication.

The final part of the book discusses ethics and ways to regulate these technologies. Ajunwa uses Rawls’s Theory of Justice to explore “meaningful work,” the worker–employer power dynamic, and gig work (Chapter 11). Chapter 12 draws upon Ajunwa’s previous work and provides potential solutions to solve the workplace issues caused by mechanical managers. Notably, Ajunwa calls for “concurrent regulation” in which “[g]overmental regulation of automated decision-making can and should exist alongside industry regulation” (p. 350). She proposes a change to Title VII of the U.S. Civil Rights Act of 1964 in addition to external audits of algorithms conducted by a third-party cer tifying body (like how LEED certification is used in the building industry). Ajunwa provides a critical analysis of a bill not yet passed by the U.S. Congress to address the discriminatory effects of workplace automated decision-making systems.6

The Quantified Worker could easily be read together with Brishen Rogers’s Data and Democracy at Work: Advanced Information Technologies, Labor Law, and the New Working Class, which was published in the same year by another academic press.7 Rogers is also a law professor, whose book covers similar areas. Both texts provide historical context for the modern North American workplace, discuss Taylorism, and propose reforms for workers and policymakers. Also, both scholars have cited each other’s prior work in their respective books. However, Ajunwa’s book provides more analysis and content relating to racial discrimination and ableism stemming from employers’ use of AI systems and big data. Rogers’s work is more theoretical and focuses more on technology’s role in dominating the working class. The Quantified Worker is organized by the types of workplace programs and hiring activities familiar to workers, and thus individual chapters could stand independently as course readings or practical entry points for a more diverse range of readers who want to learn more about a particular area.

This book’s organization and topic lends itself to a wide readership. The Quantified Worker is a natural fit in academic library collections that cater to scholars in law, industrial relations, information studies, and other disciplines. However, it would be a welcome addition to public libraries’ collections since any worker or employer may wish to learn how these technologies are shaping the modern workplace. Although the book focuses on American law, Canadian law firm libraries could consider adding this title since it may provide another perspective as Canada similarly embarks on regulating these technologies.8

The Quantified Worker covers much ground: it points to scholarly research and provides historical context and analysis of case law and legislation. However, Ajunwa’s use of well-placed narrative and illustrative examples make it a compelling and meaningful read for anyone looking to learn more about the impact of AI and big data technologies in the workplace.

REVIEWED BY ALEXANDRA KWAN

Digital Services and Reference Librarian

Bora Laskin Law Library University of Toronto

6 The U.S. Algorithmic Accountability Act 2022 was reintroduced in 2023. At the time of writing this review, the bill has been referred to committee stage at both levels of Congress.

7 Brishen Rogers, Data and Democracy at Work: Advanced Information Technologies, Labor Law, and the New Working Class (Cambridge, Mass: MIT Press, 2023).

8 Bill C-27, An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts, 1st Sess, 44th Parl, 2024 (at consideration in committee in the House of Commons, at the time of writing this review).

‖‖ Bibliographic Notes / Chronique bibliographique

By Kate McCandless

Daniel L. Bell, “Law as a Consuming Passion: Food Policies in Law Libraries” (2024) 116:1 Law Library Journal 57, online: AALL <aallnet.org/llj_issue>.

Daniel Bell revisits a 2002 study by Jessie Burchfield regarding food policies in ABA-approved law school libraries. Bell sought to prove that there is a trend toward more permissive policies in the past 20 years and that “[t]he liberalization of food policies belongs to a general trend of thinking about the place of libraries and library design” (p. 60). The Burchfield study was replicated and questions were added to examine the impact of factors such as the COVID-19 pandemic on library policies. Of the 197 institutions approved by the ABA, 171 policies were viewed online, and 95 representatives of those libraries responded to the survey.

Many law libraries (23.97 per cent) have a “no food allowed” policy (p. 62), and “contrary to what we might expect, the number of libraries that ban all food and drink increased by nearly 10 percent” compared with the earlier study (p. 65). This contrasts with an “almost 21 percent decrease in libraries that restrict food in certain areas” (p. 65). Most of the library’s websites or director responses to the survey indicated that policies were changed during COVID-19 restrictions; most typically “food (and sometimes drink)” were banned from the space (p. 68). The 2002 survey received responses that indicated that maintaining a professional space was important and that food and drink consumption was “incompatible with [the] scholarly atmosphere” (p. 70). The lack of responses reflecting this same sentiment in 2022 “perhaps suggest[s] an attitude change in the last 20 years about whether food is even appropriate in a scholarly environment” (p. 70).

Inquiring about the reasons behind food and drink being permitted in library spaces, responses ranged from accommodating students’ needs, not being able to enforce the policies, a lack of evidence of the potential negative outcomes (bugs, vermin, etc.), and a lack of logic behind the policy. The author notes that some easing of restrictions may have stemmed from students turning to digital resources, rather than physical materials, as “the decreased use of print materials made it possible to allow food and drink,” for example (p. 73).

Library staff are reluctant to enforce eating bans in their spaces. One respondent notes, “Over time it became harder and harder to enforce these policies. We gave up as we didn’t feel it was an appropriate use of librarian time to be ‘food police’” (p. 74). The library ultimately dissolved the policy.

Alternatively, some libraries have had to scale back on their food and drink allowances. One respondent said, “We saw that users were getting out of hand and ordering pizzas and dinners to be delivered to the law library—not the spirit of allowing food and drink. The library is not party central” (p. 74).

Despite a clear shift to allowing food and drink in some libraries, there has also been a reported “attitude of surrender” amongst the respondents (p. 88). According to one respondent, “the most significant problems related to managing food … were inconsistent enforcement, not enough staff to enforce, and students’ sneaking in food” (p. 88). Inadequate janitorial service was another common factor, as “[o]ne library reported that it decided to go food-free after mandatory COVID restrictions were lifted because it saw fewer problems while following the pandemic rules” (p. 89).

Over the past 20 years, “many problems and solutions have stayed the same” (p. 89). A notable change, however, is a lack of rudeness from students. In the 2002 study, the “second highest obstacle to enforcement” was student attitudes toward library staff. In 2022, “none of the 95 responding libraries cited rude students as a factor” (p. 90, emphasis in original). The author muses that an increased trust in students, treating them as professional adults, and an overall concern for their well-being may indicate “that academic law libraries are buying into the notion of transforming libraries into community-based ‘third spaces’ as espoused for so long by public and undergraduate libraries” (p. 91).

Alysia Blackham, “Empirical Legal Research Teaching in Australia: Building an Empirical Revolution” (2024) 49:1 Alternative Law Journal 62, online: Sage <doi. org/10.1177/1037969X231212704>.

This article investigates the historical lack of empirical evidence education in legal curricula. Blackham writes that “law teaching tends to be doctrinally focused, emphasising legal rules, case law and legislation” but that there is a growing interest in leveraging statistics and scientific evidence to inform judgments and decision-making (p. 62). As “empirical research helps us to understand the law better and an empirical understanding of the law in action helps us to understand society better,” it is important to have “empirical capacity,” which allows us to “read, process and critically evaluate both qualitative and quantitative empirical data” (p. 63). Empirical capacity may also be described as “the ability to be a critical consumer of empirical scholarship” (p. 63, emphasis in original).

Blackham acknowledges that there is a dearth of empirical legal scholarship, likely due to a lack of legal scholars with empirical knowledge. She notes that “in UK law schools, most law courses do not integrate empirical legal research, and few texts and resources ‘build in empirical material’” (p. 63). There has been some growth in this area in the U.S., but this is usually focused on economic- and finance-related legal studies. When course offerings exist, they are based on quantitative methods and typically targeted to researchtrack degrees, not JD students (p. 63). “What appears to still be missing,” Blackham argues, “is a holistic approach to promoting and supporting empirical literacy across law students, graduate researchers, and faculty, and across all empirical methods (not just quantitative ones)” (p. 64–65).

Blackham states that empirical capacity is necessary, as it extends and builds upon what students are learning and moves law into a more interdisciplinary space. We need to understand and leverage data within legal practice to challenge established assumptions and “build better linkages between law and society” (p. 64). Thus, legal education must “create ‘bridges’ that span disciplines, and encourage interdisciplinary thinking” (p. 65).

Blackham then recounts the empirical research strategy that Melbourne Law School (MLS) developed to “support empirical literacy among law students, promote rigour in empirical PhD projects, and help develop a new generation of legal practitioners, judges and scholars who are able to skilfully use and engage with empirical evidence” (p. 65).

MLS developed a JD Legal Research stream dedicated to empirical legal research. In that stream, “JD students are asked to apply empirical legal methods to scrutinise an area of law or legal impact, with the aim of building ‘bridges’ between law and their other degree and cultivating a genuine interest and engagement with empirical legal research” (p. 66). The course is designed to facilitate “critically evaluating existing scholarship, or using existing public data in new ways to examine questions of law and legal impact” (p. 66). Ongoing seminars focused on methodologies are also offered to the wider law school student body.

Blackham emphasizes that it has been difficult to develop the course due to the “relative lack of accessible, targeted scholarly resources and publications to support and extend empirical curricula design in legal education” (p. 66), and thus MLS has created many of their own. She also suggests that law school faculty and instructors can help introduce students to empirical research by referencing relevant studies where appropriate, as “[t]hese studies can help us to understand law, justice and the impact of law on society” (p. 67).

Mari Cheney et al, “How We Can Best Support Neurodivergent Patrons” (2024) 28:4 AALL Spectrum 30, online: <aallnet.org/spectrum_issue>.

Cheney et al. offer a brief, but actionable, article on supporting neurodivergent patrons in a law library. As the authors state, “‘[n]eurodivergent’ is itself a large, non-clinical umbrella term that covers several conditions that affect the way an impacted person learns, socializes, communicates, moves, and/or perceives the world. … [P]eople with these conditions can learn just fine, but struggle with the way information is presented in a traditional classroom or textbook” (p. 30). The authors emphasize that these small accommodations and offerings can make your law library more inclusive to neurodivergent patrons and “will help them feel more like they belong” (p. 32).

The authors begin by recounting the principles of Universal Design (UD), which emphasize that space should be accessible to all people with minimal intervention and adaptation. They suggest that adding UD elements to digital and physical resources (high contrast colours, alternative text for images, accessible fonts, etc.) can make a big difference to patrons (p. 30). Another suggestion is to embrace microlearning and record and share lectures with students. This can assist those who have difficulty with focusing or processing information (p. 31). Ensure that you share an agenda or schedule and follow it when providing instructional sessions to students.

The authors also suggest that when you share information about your library’s services on your website, consider “providing example questions from past patrons” to help ease anxieties and to “make your service points more approachable and less confusing” (p. 31). Knowing what support is available, and from where or whom, creates a more welcoming environment. It can also be helpful to include photos of the physical location of services or tools. Consider adding QR codes that link to information webpages on signage that can allow patrons to “gain context from the privacy of their electronic devices” (p. 31).

Where possible, try to make your physical library space accommodating to the various needs of your patrons. Consider using white noise machines or playing quiet music in certain spaces to help patrons stay focused. Offer dedicated single-person study rooms and, if possible, provide various lighting options. Reference desks can also have items students can check out to use in the space, such as hand fidgets or yoga balls for an alternative seating option (p. 32).

Nicole P. Dyszlewski, “Law Librarians Leading Law Schools Through Transformative Change: Integrating Doctrine and Diversity” (2023) 42:3-4 Legal Reference Services Quarterly 163, online: Taylor & Francis <doi.org /10.1080/0270319X.2023.2273683>.

Dyszlewski argues that librarians are the perfect individuals to lead initiatives that advance equity, diversity, and inclusion (EDI) within higher educational institutions. She walks through the professional competencies enshrined by various library associations (American Library Association, Special Library Association, International Federation of Library Associations and Institutions, etc.) with special attention paid to any expectations relating to EDI. The Association of College and Research Libraries (ACRL), for example, has specific “competencies regarding diversity and cultural competency” and dictates that librarians and library staff will help “facilitate the development of organizational dynamics that enable individuals, groups, and organizations to continually develop and exercise cultural competence” (p. 169). The ACRL indicates that law library workers are particularly poised for this work, as we are aware of the “systemic inequities” within our institutions, “engage in self-reflection,” and regularly contribute to “cultural competence” throughout the university (p. 169). Our “expertise in collaboration, problem solving, information retrieval, information presentation, and information analysis” allow us to do this work well (p. 172). The core values of this profession naturally support EDI (p. 173).

The author reflects on their own time spent on a diversity, equity, inclusion, and belonging (DEIB) committee at the Roger Williams University of Law that focused on building a diversity and inclusion strategic plan for the law school (p. 175). She notes that there was a clear desire from faculty to be more inclusive within their classrooms, “both in what they teach and how they teach” (p. 176). Many faculty felt tied to their existing curricula as they “lacked time and space … to prepare students for the bar exam and professional practice while adding diversity skills content,” and some felt “unprepared to lead discussions or manage emotionally charged situations beyond what may be typical in doctrinal discussions” (p. 176). Further still, other faculty “expressed concerns that they lacked the proper tools, training, and resources to facilitate diversity and social justice conversations in an inclusive way” (p. 176).

Dyszlewski used her expertise as a librarian to collect resources that could help support the law school faculty teach diversity and social justice issues in their classes. She ultimately found that there were few resources dedicated to the integration of social justice concepts into legal classes, and thus she created an annotated bibliography for faculty

to reference and to rely on to bolster their lessons (p. 177). When she encountered roadblocks during this process, some stemming from imposter syndrome, Dyszlewski reached out to her network for support. This led to building a team of experienced library professionals to assist with bolstering the project and sharing the results outside of her institution. This again demonstrates the skills of librarians: we seek expert assistance when our own knowledge reaches its limits. It also demonstrates the generosity that permeates the discipline.

The original annotated bibliography grew to a textbook, Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom (ID&D), which pairs essays from law professors with annotated bibliographies created by librarians (p. 178). The skills that are detailed in this article “were the same skills which allowed this project to flourish. ID&D was successful because the team of (mostly) librarians was able to develop an organizational structure for the book that was easy to use, practical, and accessible” (p. 179). An updated version of the text will be available soon.

The article closes with a call to action to include law librarians in law school DEIB initiatives and planning:

1. Law librarians are competent at compiling, organizing, and presenting information. This can be exceedingly helpful in DEIB programs when benchmarking or researching best practices of peer institutions.

2. Law librarians are competent at collaboration. They work with a diversity of patron types and identities. This collaborative spirit is well-served for DEIB committee work or collaboration beyond the law school with the larger university or community.

3. Law librarians are competent at assessment. Part of DEIB work is doing the deep work of assessing current practices and culture. Law librarians are expert in assessment.

4. Law librarians are competent at information analysis and problem solving. Part of DEIB work is making changes and making those changes sustainable. This is the type of analytical work and deep problem solving at which law librarians excel. (p. 182–83)

John M. Garon, “Ethics 3.0—Attorney Responsibilities in the Age of Generative AI” (2023–24) 79:1 The Business Lawyer 209, online: ABA <americanbar.org/groups/ business_law/resources/business-lawyer/2024-winter/ ethics-attorney-responsibility-in-the-age-of-generative-ai>.

The American Bar Association (ABA) recently examined their Model Rules of Professional Conduct “in the context of advances in technology and global legal practice developments” (p. 209). They formed a committee that “embraced the importance of technological change as fundamental to the practice of law” (p. 210). Lawyers now must “understand the benefits and risks of technology available for the practice of law” (p. 210). While lawyers must

follow the Model Rules, Garon emphasizes that legislation may go further in some cases, such as with the American equivalents of Canadian privacy legislation. Legislation such as the Personal Information Protection and Electronic Documents Act may come into play when communicating via technology. For example, “attorneys who are unaware of the metadata in word processing documents may inadvertently leave confidential client information in the metadata associated with documents shared publicly” (p. 212). Thus, “[l]aw firms should employ technical measures to reduce the likelihood of inadvertent disclosure of data by attorneys and staff” (p. 212–13). This may be common practice for law firms in 2024, but as technology evolves, we need to as well. Garon suggests several practical considerations, including tailoring technology training to each role within a firm. Digital walls also need to be employed based on a role’s necessity to access certain information because, Garon argues, “[i]f … any attorney can troll through all the legal files of the law firm without restriction, then a breach of any attorney’s account lays open every client file for theft and disclosure” (p. 213).

Garon then turns to the matter of generative AI in the law firm. He urges caution when using AI tools because “unless the system also uses some form of extractive AI to validate its response against known sources and limit its identification of facts to those found in external, verified information sets, generative AI is simply non-factual” (p. 214) to due to the nature of its design. He writes that “while data providers are generally enthusiastic about the potential for generative AI services, those in the legal sector understand that extractive AI is the core of legal research” and providers “must combine extractive AI tools as ‘guardrails’ to limit the generative AI output” (p. 216).

Garon offers other advice regarding advertising one’s services online (do not overstate your “global” presence, for example) and cautions on legal practices that are already emerging that practice exclusively in the Metaverse. He closes by reminding the reader that technology is ultimately a tool within the practice of law: “Technology should serve the client and the relationship. The technological lawyer remains, first and foremost, a client-centered lawyer. This is the heart of ethical lawyering and the fundamental principle underlying the rules of technological competence” (p. 220).

Brittany Morris, “Law Libraries’ Role in Technical Competence and the Effects of COVID-19” (2024) 116:1 Law Library Journal 95, online: AALL <aallnet.org/llj_ issue>.

The COVID-19 pandemic forced libraries to adopt new service methods and tools seemingly overnight. Author Brittany Morris sought to examine this shift within the American Association of Law Libraries. She sought input from the special interest and directors’ listserv groups regarding their adoption of new technologies and how this may have impacted the law students they support. Library and legal professionals are “expected to expertly keep up with technological changes, no matter how fast they develop” to maximize their use or avoid their pitfalls (p. 96).

The survey asked questions about which specific software each responding law school library used. This includes tools

for library instruction, operations, competency or technical literacy of students, professional responsibility, research, and accessibility (p. 97). Through the survey responses, Morris identified that digital rights management was a major concern for library professionals with the sudden requirement of digital-first access and services (p. 100). Another concern was ensuring that these lawyers-to-be knew how to use existing tools and had the skills to learn new tools, as they will undoubtedly emerge over the course of their professional practice. Morris points to a 2012 survey reporting that new associates spend 30 per cent of their time doing research at law firms, yet only 29 per cent of firms provide “any formal training on legal research methods” (p. 100). Thus, the libraries need to help fill in that gap to best prepare students for their future.

Interestingly, respondents note that training is almost always provided by the vendor to librarians on major research platforms such as Lexis+ or Westlaw. Morris argues that this could suggest that these “platforms’ business models require librarians to promote their products to students, which they cannot do unless they have sufficient training” (p. 101). For other databases, such as HeinOnline, only 2 per cent of respondents indicate that training was provided by the vendor and, further, it was only provided to students and faculty members: “Across the board, librarians reported that they were receiving more training on the research platforms than the students were receiving” (p. 101). This isn’t an issue on its own, but if that training and knowledge does not get passed on to the students, then there may be a gap in their knowledge when they enter professional practice.

Morris relies on the American Bar Association’s Model Rules of Professional Conduct and a requirement to stay informed of changes to legal practice, including changes in technology. She asked respondents what they believed the most important technical competencies are today (p. 102). The top-ranking responses, in order of importance, were data security, knowledge of productivity software (in particular, the Microsoft Office suite), “research platform language searching,” and “database usage” (p. 102). Despite this, when asked if their libraries were implementing a technology competency course at their law schools, the majority responded, “not sure” or “no” (p. 103). The data Morris collected suggests a “significant shortfall in turning out what some law schools promise[:] practice-ready attorneys. This is an expanding area where librarians can have a significant impact” (p. 103).

Sue Silverman, “Examining the Society in Which We Are Educated: Applying Critical Approaches to International Law Research” (2024) Legal Reference Services Quarterly 1, online: Taylor & Francis <doi.org/10.1080/0 270319X.2024.2322310>.

Sue Silverman asks readers to think critically about the way international law has been crafted, studied, and discussed. We must consider the colonial context surrounding international legal research and which perspectives are— or are not—being shared. She notes that there is a “lack of representation in international law … in both substantive discussions of international law and in who is having those discussions” (p. 3). She argues that “Western-educated

males are overrepresented in mainstream international law discourse” and thus have direct power and influence over the “interpretation and development of international law” (p. 4). Silverman indicates that most scholarship on international law cited by the International Court of Justice is published by “European or American males” and that this “exclusion of other perspectives reifies structures and institutions rooted in colonialist and imperial exploits and that today benefit ‘Western’ interests” (p. 4). We must bring voices (other than those of historically white, Western males) into the conversation of international law to advance a larger mission of equity, diversity, inclusion, and decolonization (p. 5).

Third World approaches to international law (TWAIL) scholarship, which “centers the history of colonialism within the history of international law,” then enters the picture (p. 6). Silverman points to examples of language that alludes to race, without explicitly stating it, that permeates international law. Quoting Elsava and Pahuja (2011), the author notes that binaries such as civilized/barbarian, believer/infidel, White/Black, and advanced/primitive underpinned the development of international law and continue to operate today under new labels: developed/ developing, center/periphery, advanced/emerging, or rich/poor, all of which are rooted in “European experiences and conceptualizations.” (p. 7)

TWAIL centers this scholarship within “[t]heories, observations, and conclusions about race and the law” (p. 8), thus providing “insight into structural racism within societies, including our own” (p. 10).

According to Silverman, when students conduct foreign, competitive, and international legal (FCIL) research, they are “likely to draw from this predominantly White, male, Western pool of scholars, further cementing the cycle of relying on European and American scholars to interpret and develop international law, whose perspectives often dismiss, deny, or are oblivious to the inherent racism, prejudice, and bias

within international legal structures and institutions” (p. 11–12). We must ensure that we are instructing students on how to develop critical literacy skills to help them navigate this information and interrogate how it has been “constructed, disseminated and understood” (p. 13). For example, when reading a case summary within a textbook, students need to reflect on who interpreted this piece of law and what may have been omitted in its reporting:

Instead of passively finding “the law,” a critical approach interrogates why the law is what it is, who it benefits, and who was left out of the law-making process. To do so, students must examine the politics, economics, cultural and societal forces, as well as history and the relationships between nationstates and within nation-states that shaped the legal sources they found. (p. 15)

We should also interrogate and reflect on our own limitations and biases, “[f]or only in recognizing our own limits in what we know and understand do we realize the necessity of engaging other perspectives in addressing global problems” (p. 18). Silverman again stresses the importance of addressing our deficiencies in this area in her closing paragraph:

In learning about the history of international law and how it developed (and continues to develop), reformminded students will inevitably begin to examine the larger structures that embed power imbalances and injustice on a global scale. To fully understand and begin to dislodge these structures, students and instructors need to examine their own research methodologies and objectives. Addressing the lack of diversity in international law—in race, gender, ethnicity, nationality, class, and indigeneity—begins at the very first step of the research process and extends to our analysis of information and examining our own processes. (p. 22)

‖‖ Local and Regional Updates / Mise à jour locale et régionale

By Erin Clupp

Hereʼs a quick look at whatʼs been happening in the law library community across the country.

Courthouse Libraries B.C. (CLBC)

New Pilot Project: Free Access to Court Services Online

Court Services Online (CSO) is a fee-based court service that allows users to access, view, and download court filings. In an exciting collaboration with the Ministry of Attorney General’s Court Services Branch, we are now offering free access to CSO on our public access computers in all 28 CLBC locations around British Columbia. We have just completed the first quarter of this pilot project and are seeing usage of CSO increasing each month. The overwhelming majority of users are looking for B.C. Supreme Court documents. Results from user survey data show that the barriers most strongly identified in accessing public court documents are financial, geographic, and technical, which comes as no surprise. An unintended result of this pilot is that it has helped us strengthen our relationships with court registries through increased communication and collaborative work.

LawMatters

LawMatters is a CLBC outreach program designed to support public libraries with developing and maintaining legal collections and providing basic legal reference assistance. An important component of this program is the grants available to public libraries to help with selecting and purchasing legal

materials. With funding from the Law Foundation of B.C., LawMatters is again offering grants to all 71 public library systems in British Columbia this year.

CALL/ACBD Conference 2024

CLBC reference librarians Natalie Rochleau and Rachel Carlson will be presenting “Translating the Language of the Law: Bringing Legal Information Beyond Law Libraries” at this year’s CALL/ACBD Conference. Their session will share successful strategies to approach outreach and partnership initiatives in support of access to justice using lessons learned from our LawMatters program. It should be a great conference, and we are looking forward to seeing everyone in Montreal!

SUBMITTED BY LISA

WINKELAAR Librarian, Kamloops Branch

Toronto Association of Law Libraries (TALL)

TALL has had a great 2023/24 session, filled with professional development opportunities, networking, and wonderful social events. Earlier this year, we rang in the new year with our TALL Winter Social at HotHouse Restaurant in downtown Toronto. Our Social Committee planned an amazing event

with delicious food and drinks, prizes from our sponsors, and, most importantly, an opportunity for TALL members to connect with their colleagues.

After beginning the year on a celebratory note, we offered several informative educational sessions through our popular virtual “Lunch and Learn” series. The Education Committee planned several legal research refresher sessions on Quebec, U.K., and U.S. law where we brushed up on our knowledge of foreign case law, legislation, and secondary sources. TALL members also had the opportunity to attend an informative session on eDiscovery from speaker Clare Mauro from Torys LLP. The session covered the basics of eDiscovery, eDiscovery in the litigation process, and how the speaker transitioned from a law librarian role into eDiscovery.

More recently, our Social Committee planned another incredible activity for members with a tour of TIFF’s Film Reference Library. In April, a group of TALLeagues gathered at the TIFF Lightbox where we learned about Canadian cinema heritage and the history of TIFF. We were treated to a special look at their closed collection where we examined memorabilia from one of David Cronenberg’s early works, an empty box of chocolates from Forrest Gump, and materials from Mary Pickford’s cosmetic line from the late 1930s!

Throughout the year, our many committees have been busy planning our upcoming TALL eXchange Conference, taking place in October 2024, where we will engage with our theme of “AI: Access to Information.” Our TALL volunteers make these events and programming possible for our membership at large. As a thank you for their time and expertise, we hosted a volunteer appreciation event at the Royal Ontario Museum for their ROM After Dark series at the end of May.

The 2023/24 TALL year will come to a close at our 2024 TALL AGM at the end of June, then we will break for the summer!

SUBMITTED BY

ANNIA PEAT President, TALL

Vancouver Association of Law Libraries (VALL)

After taking a break in January to allow everyone to recover from the holidays, we hosted our first substantive event on February 1. Abdi Aidid, co-author of Legal Singularity: How Artificial Intelligence Can Make Law Radically Better, presented on the “Upside of AI in the Legal Profession,” discussing both the benefits and risks of AI. Abdi was an engaging presenter. He used real life examples and analogies to help us understand what AI is, its history, how it learns, and how it can be useful for our work as legal information professionals.

In March, VALL hosted a “Mix and Mingle” event at Mahony’s Tavern, which has a lovely backdrop of the north shore mountains. This was an opportunity for VALL members to socialize and for students in a library or information program to network and find out more about the profession. The food was tasty, and the company was great, with the only negative being the superheated fireplace that you did not

want to stand in front of! We saw a mix of new and familiar faces. We are aiming to have these events on an annual basis.

Our last substantive session of the 2023/24 year was a repeat of our successful Lightning Talk event from last year. These talks are fast becoming a highlight of VALL’s programming year. Each year will host different topics from a variety of speakers. It is fascinating to learn about various projects and initiatives everyone is working on and to hear from our members directly. This year our members presented the following:

• “CSO e-Search Experiment with Court House Libraries” – Caroline Nevin and Tracy McLean (Courthouse Libraries BC)

• “Moving Forward: Improving Interfirm Communication” – Kate LeBere (Blake, Cassels & Graydon LLP)

• “What’s on the Horizon? Reflections From Our First Library Inventory” – Chelsea Merkl and Bri Turner (Borden Ladner Gervais LLP)

• “Hunting For Our Data: Using Data Analytics for Library Strategic Planning” – Carolyn Petrie (Norton Rose Fulbright LLP)

Also in May, we released the spring issue of the VALL Review. Our feature article focused on weeding and collection management. We had five articles from different libraries discussing their practices and procedures when it came to this topic.

Finally, we hosted our annual VALL Summer Networking Social Event in mid-June to wrap up the year. I personally always look forward to this event. Seeing everyone and getting to mingle with the executive and other VALL members in a more casual environment is always a high point of the year.

I am definitely looking forward to the upcoming VALL year and my time as president.

Be well, everyone.

SUBMITTED BY KURTIS KOLTHAMMER President, VALL

Private Law Libraries Special Interest Group (PLL-SIG)

The PLL-SIG has had a busy spring, bringing the group together in March for an educational session on AI and gathering virtually for its annual meeting in May.

On March 14, the SIG hosted Michael McGinn, Innovation Manager at Fasken, for a wide-ranging presentation called “AI and the Legal Landscape.” Michael graciously shared his expertise with large language models and AIdriven efficiencies, and he provided several tips and tricks for effective prompt engineering. The group appreciated

Continued on page 34

‖‖ News from Further Afield / Nouvelles de l’étranger

London Calling: Notes from the U.K.

By Jackie Fishleigh

Former Library and Information Manager (Retired), Payne Hicks Beach, London, U.K.

Hi, folks! It’s been a chilly April in the U.K. By our standards, not yours, of course!

Prime Minister Out in the Cold

On a similar note, I have to tell you that since he took up office on 25 October 2022, Rishi Sunak has experienced a pretty frosty reception from most people in this country and especially in his own Conservative (Tory) party.

Although he presents himself quite well on the world stage (despite the too short trousers!), being seen as a credible politician and a friendly, diverse face, his personal satisfaction rating in the U.K. fell to a record low in a recent Ipsos opinion poll, matching that set by PM John Mayor back in 1994. Only 16 per cent of members of the public said they were happy with Sunak’s performance, while a colossal 75 per cent said they were dissatisfied.

Meanwhile, a number of Tory rebels are said to be plotting to oust Sunak after our local elections next week. He took over from Liz Truss but was not elected by the people. In recent years, Reform U.K., which was founded by Nigel Farage in 2018 after Brexit, has been gaining traction. The British Conservative party is arguably the most successful political party in Western Europe and has a strong track record of being utterly ruthless when leaders falter, the ditching of Liz Truss being the latest example.

A general election must be held soon, probably by the end of this year. [Ed. note—On May 22, Sunak announced there would be a general election on July 4th. The Labour Party defeated Sunak’s Conservatives.]

Rwanda Plan Passes into U.K. Law

My friend Nigel, a retired senior government legal adviser, told me he was in his bath when he heard of the scheme to send asylum seekers to Rwanda. He said that he burst out laughing, which caused quite a splash! This was because he knew that human rights issues would prevent it ever happening.

Equally, my book club friend Heidi, who is an immigration manager at Lunar House in the London borough of Croydon, the headquarters of U.K. Visas and Immigration, said she was also convinced that the Rwanda plan was a “fantasy” from the start.

Background

So whose idea was it originally?

Boris Johnson (remember him?) came up with this plan in April 2022. His aim was to dissuade asylum seekers from making the dangerous 20-mile crossing of the Channel from France. Criminal gangs had been charging desperate passengers high sums for the chance to gamble their lives on getting to the U.K. safely and then being granted the right to stay.

While everyone agrees that the deaths in the Channel are unacceptable, this hardline immigration policy has faced constant legal challenges since it was announced. Indeed, when he was Chancellor of the Exchequer in March 2022, papers show that Rishi Sunak opposed it! He expressed his

concerns about the cost of the scheme.

However, “stopping the boats” was retained as one of Sunak’s top five pledges once he became PM. It actually became his flagship policy. Shami Chakrabarti, a lawyer and former director of the human rights organisation Liberty, has stated that the policy is more about stopping the courts rather than the boats.

Is Rwanda Safe?

Even a basic question like this has become a legal minefield. According to research carried out on the ground in Rwanda by Channel 4 News, the country is a one-party, authoritarian state where even neighbours do not trust each other. Gay people are marginalised, and anyone who speaks out against the government risks repercussions.

Kizito Mihigo, a popular genocide survivor turned gospel singer and songwriter, was jailed after he released a song in which he criticised the Rwandan government. In 2020, he was found dead in a police cell in suspicious circumstances.

It was therefore not surprising that last November the U.K. Supreme Court ruled that Rwanda was not a safe destination. The court held that the African country was “unsafe” under international law on refugee protection. This made the government’s plan to send asylum seekers to Rwanda unlawful.

Second Bite at the Cherry

Rishi Sunak did not give up at this point, and on the 5th December 2023, the two governments signed the UK–Rwanda Asylum Partnership Treaty. The U.K. government published the Safety of Rwanda (Asylum and Immigration) Bill on the 6th December.

The Safety of Rwanda Act was finally passed into law by Parliament on 23rd April this year, St. George’s Day. “The blackest of days,” sighed my friend Mariota, a retired law firm partner.

The House of Lords, which had been trying to push back on the scheme and make changes to it, eventually decided that as an unelected chamber it would no longer oppose it following many hours of so called “ping pong” with the House of Commons and endless wrangling behind the scenes at Westminster.

Cost of the Rwanda Scheme

According to the National Audit Office’s figures, the overall cost of the plan stands at more than half a billion pounds. This works out at a colossal £1.8 million for each asylum seeker. The Labour party say they will abandon the scheme if elected

London Mayor Sadiq Khan Wins Third Term

The mayor was first elected in 2016 and again in 2021. He practised as a solicitor before being elected as MP for Tooting in 2005.

In his victory speech he described his historic third win as “the honour of my life.”

This is a record third consecutive win and by no means an easy one for him and his Labour party.

Scourge of Knife Crime in London

Knife crime offences in the capital were 20 per cent higher than last year, according to official figures.

In fact, one such killing happened last December right outside Sutton railway station, which I use frequently. The victim was a 17-year-old named Ilyas Habibi. He got off a train and on leaving the station became “involved in an altercation with a suspect who fled the scene.” His older brother described Ilyas as “hardworking … kind, caring and generous.”

There are plans to ban certain types of machetes, which can currently be purchased online without many questions being asked or checks made on the purchasers.

However, the causes of such violence are generally agreed by the experts to be deep-rooted societal issues. Ironically, many young people carry knives to make themselves feel safer. These terrible losses of young men with their lives ahead of them shock and distress the whole community.

Government Court Defeat Over Climate Change Commitment

On 3rd May, the High Court ruled that the government had breached its duty under section 13 of the Climate Change Act 2008. This requires the Secretary of State for Energy Security and Net Zero to adopt policies and proposals, which they consider will enable our legally binding carbon reduction targets to be met.

Katie de Kauwe, a lawyer with environmental pressure group Friends of the Earth, described the ruling as “another embarrassing defeat for the government and its reckless and inadequate climate plans.”

This follows on from a ruling in April by a top human rights court that the Swiss government had violated the human rights of its citizens by failing to do enough to combat climate change.

One Year Since the Coronation of King Charles

Sadly, cancer is no respecter of persons, and both King Charles and Catherine, Princess of Wales, are now receiving chemotherapy. They both seem to have a great deal of empathy with the struggles of ordinary people in tough situations. The public outpouring of support has reflected their kindness.

In Memoriam

Much loved BIALL stalwart Catherine McArdle recently passed after more than seven years of living and working with cancer. She was the deputy librarian at Lincoln’s Inn for 35 years. Her employer held a Service of Remembrance and Thanksgiving in its splendid historic Chapel. The service was

filled with beautiful music and readings, and every seat was taken. A fitting tribute to an inspirational friend and teacher.

On a lighter note, I see that 80-year-old Mick Jagger and the Rolling Stones are touring Canada soon!

Until next time (when we may have a Labour government!), with very best wishes, Jackie

Letter from Australia

By Margaret Hutchison

Manager of Technical Services and Collection Development, High Court of Australia, Canberra, Australian Capital Territory

It’s now autumn here, and it’s been a beautiful season with the trees in Canberra keeping their wonderful colours for months. Some years, the trees barely colour before the leaves are blown off by the wind and rain.

Fallout from the NZYQ Case Continues

As mentioned in my previous letter,

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs concerned a stateless Rohingya Muslim from Myanmar, who was detained in September 2012 upon his arrival in Australia by boat without a valid visa. He was released from immigration detention in September 2014, after being granted a temporary bridging visa. This visa was cancelled in 2015 after he was convicted and imprisoned for child sexual offences. He was refused a protection visa because he did not satisfy criteria in section 36(1C) of the Migration Act, which requires that an applicant not be a person whom the minister considers, on reasonable grounds, “having been convicted by a final judgment of a particularly serious crime, is a danger to the Australian community.” The man could not be returned to Myanmar due to the rules regarding non-refoulement, a principle that prohibits their return to a country where there is a risk to their life or where they would face persecution, and no other country has yet been found to take him. He was therefore placed in immigration detention as an unlawful noncitizen.

The Migration Amendment (Bridging Visa Conditions) Act, which was rushed through Federal Parliament after the High Court’s decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs, remains contentious, with the media almost gleefully reporting every arrest of a former detainee and the crimes they are alleged to have committed after release. Figures released by the Community Protection Board set up after the NZYQ judgment showed that 76 of the 153 former detainees were wearing the monitoring devices and only 68 had curfews.

In NZYQ, the High Court left open a question about more complex situations where people refuse to cooperate with removal efforts because of their fear of return, or other

personal reasons. This was challenged in April with ASF17 v Commonwealth of Australia, the judgment being handed down in May.

ASF17 is a citizen of Iran, who has been held in immigration detention in Australia for close to a decade. His application for a protection visa was refused, and he has been subject to removal from Australia since 2018. He fears harm in Iran due to his bisexuality, conversion to Christianity, and being of Kurdish origin.

The appeal was an attempt to resolve whether someone who refuses to cooperate with moves to deport them to their country of origin can continue to be detained, if their own actions are preventing the government from removing them.

The High Court found that ASF17 had the capacity to cooperate with authorities, and he could change his mind on refusing to cooperate at any point, meaning he was not in illegal indefinite detention, making it a complete win for the government. “ASF17 could be removed to Iran if he cooperated in the process of obtaining the requisite travel documents from Iranian authorities. He has decided not to cooperate. He has the capacity to change his mind. He chooses not to do so,” the reasons stated.

The joint judgment from six of the seven judges distinguished ASF17’s circumstances from those of a person who is unable to cooperate with their deportation due to mental incapacity or psychiatric illness. This is the situation of the intervener, AZC20, an Iranian man who suffered serious psychological harm due to being held in immigration detention for over a decade. The joint judgment suggests that a capacity to cooperate is relevant to determining the prospects of the person’s removal from Australia in the reasonably foreseeable future.

In a separate judgment, Justice Edelman expressly determined that there will be no real prospect of deporting a person who lacks capacity to cooperate with their deportation. Accordingly, people like AZC20 who are unable to cooperate due to medical incapacity cannot be lawfully kept in immigration detention.

Indigenous Voice Referendum

In other news, the Aboriginal referendum seems to have disappeared from the federal scene. In each state and territory, there are very, very slow moves towards individual treaties with each state and territory government, but with two states having elections later this year, there is likely to be very little progress for some time.

Yoorrook Justice Commission

In Victoria, the Yoorrook Justice Commission, which was established in 2022, released reports in mid-2023 on the injustices against First Peoples in the Victorian child protection and criminal justice system. At present, the Commission is inquiring into injustice against First Peoples in relation to land, sky, and waters. It will then hold inquiries into health and economic prosperity. The Commission will conclude in June 2025 after delivering its final report. This

seems to be the most progress made so far.

Until next time, Margaret Hutchison

The U.S. Legal Landscape: News from Across the Border

By Sarah Reis

Foreign & International Law Librarian, Pritzker Legal Research Center, Northwestern Pritzker School of Law, Chicago, IL

We’ve reached the end of another academic year! This summer, I will be attending two conferences. In June, I will be traveling to Norway to attend the IALL Annual Courses, which will be my first time traveling internationally since the IALL Annual Courses in Australia in fall 2019. In July, the American Association of Law Libraries Annual Meeting will be held right here in Chicago, so I will be attending this as well. Our library at Northwestern Pritzker School of Law will also be hosting various events in connection with the annual meeting. I am looking forward to reconnecting with former colleagues, meeting new librarians, and learning from others.

My major project for this summer is to work with my coinstructor to redesign our Research in Law, Business & Technology course for students in the Master of Science in Law (MSL) program. Many students in this MSL program are STEM professionals from around the world, so this course is delivered in a combination of asynchronous and synchronous formats. We are embarking on a major effort to record all new asynchronous videos for this course and incorporate discussion of AI tools and resources throughout the course.

Law Schools

The U.S. News & World Report 2024 Best Law Schools rankings were released in April. There were quite a few ties on this list, including a tie for first place between Stanford Law School and Yale Law School. The schools that make up the T14 remain similar to previous years, but the order of the rankings shifted around. Northwestern Pritzker School of Law, which is where I currently work and is also my alma mater, tied for #9 with NYU School of Law and University of Michigan Law School. Georgetown University Law Center, which got bumped down to #15 last year, made it back into the T14 with this year’s rankings and tied for #14 with Cornell Law School, so the T14 consists of 15 law schools.

Bar Exam (and Alternatives)

States are continuing to announce that they are adopting the NextGen Bar Exam that is set to debut in July 2026. As of the end of April, 18 jurisdictions have announced that they intend to adopt it, with Tennessee becoming the latest to announce that month. From a library perspective, the inclusion of legal research as one of the foundational skills is noteworthy because it may affect research instruction at law schools, whether that be requiring law students to take an advanced legal research course as part of the curriculum, developing new research workshops or bootcamps geared

toward the types of questions they will encounter on the exam, or putting more of an emphasis on research in firstyear legal writing courses.

Washington joined Oregon in officially approving alternatives to the bar exam for licensing lawyers. Washington created three experiential learning alternatives to the bar exam for law school graduates, law school students, and law clerks who are enrolled in a non-law school course of study. For law school graduates, this pathway entails completing a sixmonth apprenticeship under the guidance and supervision of a qualified attorney along with completing three courses of standardized coursework. For law students, this pathway entails completing a portfolio of work consisting of 12 qualifying skills credits and 500 hours of work as a licensed legal intern that can be submitted to waive the bar exam. For law clerks, completing standardized educational materials and benchmarks under the guidance of tutors conforming with the requirements of the law school graduate apprenticeship along with 500 hours of work as a licensed legal intern would allow them to waive the bar exam.

Most states limit who can sit for the bar exam to graduates of ABA-accredited law schools. California is a notable outlier, but soon Indiana will join them. The Indiana Supreme Court amended its attorney admissions rules to permit graduates of law schools not accredited by the American Bar Association to take the bar exam in Indiana. This change will allow graduates of online law schools (which currently are not accredited by the ABA) to take the bar exam.

The ABA’s Council of the Section of Legal Education also recently adopted a new policy statement encouraging states to “create diverse pathways to licensure.” Hopefully this will lead to more states providing alternative attorney licensing pathways beyond the bar exam.

ABA

The ABA Survey of Civic Literacy 2024, which explores public attitudes on democracy, found that 74 percent of U.S. residents believe that America’s system of democracy is weaker than it was five years ago, pointing to misinformation, disinformation, and political parties as the reasons why. In this survey, more than half of the respondents (55 percent) indicated that they had concerns about the integrity of the upcoming November general election. These concerns included meddling with the vote count process, voter fraud, voter suppression, and potential for violence. I wish we could fast forward through this upcoming election cycle because it’s going to be brutal.

Legal Profession

Various state bars and bar associations have issued guidance or guidelines for use of generative AI. In Florida, an ethics opinion from the Florida Bar indicated that lawyers may ethically use generative AI technologies as long as the lawyer can reasonably guarantee compliance with ethical obligations, which includes taking precautions to protect confidentiality of client information, developing policies on oversight of generative AI use, ensuring that legal fees and costs are reasonable, and taking care when using generative

AI for advertising and intake purposes because the lawyer will ultimately be responsible for any misleading information.

In New York, the New York State Bar Association issued a report exploring the legal, social, and ethical impact of AI on the legal profession. This report advises lawyers to use generative AI with caution, emphasizing the importance of protecting client information and maintaining confidentiality. The report also cautioned that information produced by generative AI tools should not be solely relied upon.

SCOTUS

The Supreme Court Justices heard their last case for the term at the end of April. Now, we are approaching that time of year when the Supreme Court issues a flurry of decisions for the most closely watched cases of the term right before summer recess. In recent years, this has become the least wonderful time of the year.

The Supreme Court already ruled that Trump cannot be kicked off the primary ballot in Colorado back in March in Trump v Anderson, but a decision in Trump v United States on the extent of presidential immunity from criminal prosecution in connection with his words and actions on January 6, 2021, is still to come.

With the upcoming 2024 election cycle, an important election-related case in which the Supreme Court will be issuing a decision soon is Alexander v South Carolina State Conference of the NAACP. This case involves racial gerrymandering in a congressional redistricting plan.

Our country has a mass shooting problem, and the forthcoming decisions in two gun-related cases will affect whether these tragedies will be allowed to continue unabated. In United States v Rahimi, the Supreme Court will rule on whether prohibiting accused domestic abusers from possessing firearms violates the Second Amendment, while in Garland v Cargill, the Supreme Court will determine whether a bump stock device, which is an accessory that allows semi-automatic rifles to fire rapidly, constitutes a “machinegun,” which is generally prohibited under federal law. Semi-automatic rifles with bump stock devices have been used in prior mass shootings, including the Las Vegas mass shooting in 2017, which was the deadliest mass shooting in modern U.S. history.

There are also a couple decisions relating to abortion that are still to come, including Food and Drug Administration v Alliance for Hippocratic Medicine, which will determine whether access to mifepristone, an abortion pill, should be limited, and Moyles v United States, which will address whether the Emergency Medical Treatment and Labor Act, a federal law regulating hospital emergency rooms, pre-empts local abortion bans (such as Idaho’s Defense of Life Act, which is at issue in this case) when it comes to performing emergency abortions to save the life of the patient.

Finally, in a pair of high-stakes administrative law cases, Relentless, Inc v Department of Commerce and Loper Bright Enterprises v Raimondo, the Supreme Court will address the extent of authority that agencies of the federal government have to interpret their own rules. These cases, both of which

involve fishing companies, have the potential to drastically change the balance of power between federal agencies and the industries that they regulate by overturning Chevron v Natural Resources Defense Council (1984).

Copyright

The Supreme Court resolved a circuit split about whether there is a time limit for damages in copyright cases. In a 6–3 decision for Warner Chappell Music v Nealy, the Court stated, “The Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” While there is a statute of limitations that requires the lawsuit to be filed within three years of discovery of infringement, there is not a separate three-year limit on recovering damages. Therefore, copyright holders can claim damages for copyright infringements that occurred many years or decades ago.

More copyright infringement lawsuits against OpenAI and Microsoft continue to be filed in U.S. courts. At the end of last year, authors and publishers attempted to sue these tech companies for using their works to train ChatGPT. More recently, in late April, eight newspapers filed a lawsuit seeking to stop OpenAI and Microsoft from using copyrighted articles to train AI chatbots. ChatGPT has become a direct competitor to the news outlets and has even adversely affected the reputation of the news outlets by falsely attributing incorrect information to the newspapers.

Beyond lawsuits and court cases, the U.S. Copyright Office shared that it plans to release a report on copyright-related issues raised by artificial intelligence by the end of the fiscal year (September 30). This report will be released in sections throughout the spring and summer, with the first section analyzing the use of AI to digitally replicate the appearances, voices, and other aspects of personalities of individuals, followed by a section addressing copyrightability of works that incorporate AI-generated material, and then later sections examining legal implications of training AI models on copyrighted works. Hopefully this report will provide useful, practical guidance because our Copyright Act of 1976 is illequipped to address these modern copyright issues relating to generative AI.

Book Bans

State book ban laws remain an ongoing threat to public and school libraries and librarians. In Texas, the “READER” Act (HB 900) went into effect in September 2023 and requires vendors to rate books as “sexually explicit” or “sexually relevant.” Fortunately, the Fifth Circuit Court of Appeals affirmed that this book ban law is unconstitutional. Meanwhile, in Utah, a new law (Sensitive Material Review Amendments, HB 29) may cause hundreds of books that certain school districts and public charters have decided to ban over the past two years to also be banned from every public school in the state. This law takes effect on July 1 and applies retroactively.

U.S. Legal Research

To end this column on a high note, some multi-year digitization projects have finally been completed, which

is exciting because projects like these make certain legal materials much more open and accessible to all.

Harvard Law School’s made available nearly seven million court cases online in March, which concluded the massive undertaking that started back in 2015 to digitize Harvard Law School Library’s collection of cases. Now, Caselaw Access Project “includes all official, book-published state and federal United States case law through 2020—every volume or case designated as an official report of decisions by a court within the United States.”

The GPO announced that it has completed cataloging the Law Library of Congress historical legal reports. These reports contain comparative analysis of foreign and international law from the 1940s to the present. There are more than 4,000 reports in this collection, which have either been digitized by the Library of Congress or were born digital.

Until next time!

Sarah

Michael’s practical advice, which sparked a lively discussion around experimentation and workarounds for current AI limitations.

At the PLL Annual Meeting, held May 22, members shared their experiences and challenges using data to drive decision-making. The roundtable conversation covered resources, requests, and hourly tracking. While members might capture data in different ways, it was clear that all are keen to use data to present annual reports, inform renewal decisions, and justify new resources.

The PLL-SIG is always looking to organize future sessions of interest to its members, and in partnership with other SIGs. Please reach out to co-chairs Marnie Bailey or Carolyn Petrie if you have topic suggestions for the 2024/25 programming year.

SUBMITTED BY

C ALL/ACBD Research Grant

The Committee to Promote Research and CALL/ACBD invite members to apply for the CALL/ACBD Research Grant. Applications are currently closed, but visit callacbd.ca/awards for information on other funding opportunities.

The CALL/ACBD Research Grant was established in 1996 to provide members with financial assistance to carry out research in areas of interest to members and to the association. Please refer to our Committee page for a copy of the application form and to view our collection of past research projects.

The Committee is excited to receive proposals and we encourage members to apply or to contact us to discuss a project you are interested in. Members who previously applied but were not awarded funding are welcome to reapply.

Co-Chairs, CALL/ACBD Committee to Promote Research: Beth Galbraith (bgalbraith@cwilson.com) & Christine Brown (christine.brown@ualberta.ca)

Law reporting: a history

By Paul Magrath, Head of Product Development and Online Content, ICLR

Paul Magrath recalls the chequered history of law reporting prior to the establishment of a Council of Law Reporting in 1865.

“English jurisprudence has not any other sure foundation, nor consequently the lives and properties of the subject any sure hold, but in the maxims, rules, and principles, any juridical traditionary line of decisions contained in the notes taken, and from time to time published (mostly under the sanction of the judges), called reports … To give judgment privately is to put an end to reports; and to put an end to reports, is to put an end to the law of England.”

These words by the political philosopher Edmund Burke are as true today as when he said them in the House of Commons in the late 18 th century. It is a resounding defence not just of the practice of law reporting, but of open justice (of which it is, of course, a part). Yet the recording of those maxims, rules and principles – in short legal precedents – over the eight centuries or so of the English common law has been decidedly uneven.

Regular reporting began with the Year Books, transcribed from the Plea Rolls begun in 1189. The Year Books, which ran from 1285 to 1537, contained notes of cases written up in Anglo-Norman by apprentices to the law. Henry de Bracton, Chancellor of Exeter Cathedral and assize judge, who died in 1268, based his classic work on The Laws and Customs of England in large part on 2,000 or so cases taken from the Plea Rolls.

From the 16 th  century, once printing became available, individual reporters began publishing volumes or series of case reports under their own names. Often there were two of them: Adolphus &amp; Ellis, Meeson &amp; Welsby, Flanagan &amp; Kelly. There was a series called Dickens’ Reports, but they have nothing to do with the novelist, although Charles Dickens did report in Doctors’ Commons and from Parliament, where he was renowned for the speed of his shorthand. Dickens the law reporter published two volumes covering from 1559 to 1792: it’s unlikely he was in court for all of these cases.

All these various freelance productions are now collectively known as The Nominate Reports. Many are still cited and referred to today (particularly those edited and collected into a series called The English Reports) but they varied enormously in coverage, accuracy and reliability. Occasionally cases reported in more than one series even appear with different holdings.

Certain reporters, in particular, were the subject of astringent comments from the Bench. For example it was said of Espinasse, whose six volumes cover from 1793 to 1807, that he was deaf and that he “heard one half of a case and reported the other.” Lord Mansfield CJ absolutely forbade the citing of Barnardiston’s Reports in Chancery (1726-35), “for it would only be misleading students, to put them upon reading it.”

In 1853 the Society for Promoting the Amendment of the Law published a report complaining of the “glorious uncertainty of the law” in the absence of a comprehensive system of accurate and reliable reports of judicial precedents. It proposed that the process be put on the same footing as statute law: “if it is the duty of the state to make the law of the land universally known, there can be no reason why the publication of the law declared from the bench should be less formal and less complete than that of the law declared by the legislature.”

The report reflected widespread complaints by lawyers and students of the state of law reporting in the mid-19th century, by which time there were no fewer than 16 series of authorised reports. WTS Daniel QC, writing to the Solicitor-General Sir Roundell Palmer in 1863, complained of the “enormous epense, prolixity, delay and irregularity in publication,” of the reports and of their “imperfection as a record, for want of continuity.”

His letter was accompanied by a “Paper on Legal Reports” written by Nathaniel Lindley QC (who went on to become Master of the Rolls and a Law Lord) in which he set out what should be the objects of a law report and the criteria for selection of cases. He was as insistent about what should not be published, as he was on what should.

Those criteria for reportability are still applied in the selection of cases by the Incorporated Council of Law Reporting for England and Wales (ICLR) which was set up soon after, by members of the Inns of Court and of the Law Society. The Council’s first law reports were published in November 1865, and The Law Reports have appeared regularly ever since, setting the standard for accurate and reliable coverage of the cases that matter.

Thanks to BAILII and the National Archives, raw judgments are now almost as widely available as the legislation alongside which the Law Amendment Society proposed they should be published. That serves open justice as well as free access to primary law. But the added value of selection, headnoting and the reporting of counsel’s argument provided by The Law Reports continues to be endorsed both by judicial preference and the Practice Direction (Citation of Authorities) [2012] 1 WLR 780.

Paul Magrath is Head of Product Development and Online Content at the Incorporated Council of Law Reporting for England and Wales. He is also a trustee of the Transparency Project and a co-author of Transparency in the Family Courts (2nd ed, Bloomsbury Professional, 2024).

Call for Submissions

Canadian Law Library Review/Revue canadienne des bibliothèques de droit, the official publication of the Canadian Association of Law Libraries, publishes news, developments, articles, reports, and reviews of interest to its members. Surveys and statistical reviews prepared by the Association’s Committees and Special Interest Groups, regional items and the proceedings of the Association’s annual conference are also published.

Contributions are invited from all CALL members and others in the library and legal communities. Bibliographic information on relevant publications, especially government documents and material not widely publicized, is requested. Items may be in English or French. Full length articles should be submitted to the Features Editor and book reviews to the Book Review Editor. All other items should be sent directly to the Editor. Prior to publication, all submissions are subject to review and editing by members of the Editorial Board or independent subject specialists; the final decision to publish rests with the Editorial Board. If requested, articles will undergo independent peer review. Items will be chosen on their relevance to the field of law librarianship. For copies of the Style Guide please consult the CALL website at callacbd.ca

The Association is unable to make any payment for contributions. The Canadian Association of Law Libraries does not assume any responsibility for the statements advanced by the contributors to, and the advertisers in, the Association’s publications. Editorial views do not necessarily represent the official position of the Association.

Canadian Law Library Review/Revue canadienne des bibliotheques de droit is indexed in the Index to Canadian Legal Literature, Index to Canadian Legal Periodical Literature, Legal Information and Management Index, Index to Canadian Periodical Literature, and Library and Information Science Abstracts.

Canadian Law Library Review/Revue canadienne des bibliothèques de droit, I’organe officiel de I’Association canadienne des bibliothèques de droit, publie des informations, des nouveautés, des articles, des rapports et des recensions susceptibles d’intéresser ses membres. Des enquêtes et des relèves statistiques préparés par les divers comités de l’Association et par les groupes d’intérêt spécial, des nouvelles d’intérêt régional et les procès-verbaux du congrès annuel de l’Association sont également publies.

Tous les membres de I’ACBD ainsi que toute autre personne intéressée à la bibliothéconomie et faisant partie du monde juridique sont invites á soumettre des articles. La revue sollicite également des commentaires bibliographiques d’ouvrages de nature juridique et plus particulièrement de publications officielles et de documents peu diffusés. Les contributions peuvent être soumises en français ou en anglais. Les articles de fond doivent être envoyés à la personne responsable des recensions. Avant d’être publiés, tous les textes seront revus par des membres du Comité de rédaction ou par des spécialistes de l’extérieur. La décision finale de publier relève toutefois du Comité de rédaction. Les articles pourront, sur demande, faire I’objet d’un examen indépendant par des pairs. La priorité sera accordée aux textes se rapportant à la bibliothéconomie juridique. Pour obtenir des exemplaires du Protocole de rédaction, visitez le site web de l’ACBD au callacbd.ca

L’Association ne peut rémunérer les auteurs et auteures pour leurs contributions. L’Association canadienne des bibliothèques de droit n’assume aucune responsabilité pour les opinions exprimées par les collaborateurs et collaboratrices ou par les annonceurs dans les publications qui émanent de l’Association. Les opinions éditoriales ne reflètent pas nécessairement la position officielle de l’Association.

Les articles publiés dans Canadian Law Library Review/ Revue canadienne des bibliothèques de droit sont répertoriés dans Index a la documentation juridique au Canada, Index to Canadian Legal Periodical Literature, Legal Information and Management Index, Index to Canadian Periodical Literature et Library and Information Science Abstracts.

The Canadian Law Library Review by Canadian Association of Law Libraries is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Permissions beyond the scope of this license may be available at callacbd.ca

Canadian Law Library Review is published by: Revue canadienne des bibliothèques de droit est publiée par: