Call for papers for RDUS special issue: Law and Technology (Nov. 15, 2023)
h/t Prof. Andréanne Malacket
Editor R.D.U.S.
Call for papers: Law and Technology (special issue to be published in the Winter of 2025)
pdf Appel de textes en francais
The Revue de droit de l’Université de Sherbrooke (RDUS) is launching a general call for papers on the theme of Law and Technology. New technologies, in particular artificial intelligence (AI) and robotics, have come to dominate our daily activities. Autonomous vehicles, agents and weapons, mass surveillance, robot-judges, targeted advertising, conversational agents and social networks are all implicated by this emerging trend. TheChatGPT conversational tool, developed by OpenAI, has sparked debate about the benefits and risks of AI systems on a societal scale.
The increasingly widespread use of these new technologies has prompted new ways of thinking about, and shaping, the law. At the federal level, Bill C-27 proposes a framework for AI, raising questions about both the substance of the related legal rules and constitutional jurisdiction. In the absence of specific regulations for digital practices, other ethical or technical standards – such as the Montréal Declaration for a Responsible Development of Artificial Intelligence (2018) – have become the main source of guidance.
While this type of initiative may counter weaknesses in the current law, such alternative normative instruments can also push the law forward on digital issues – issues that are both extremely diverse and intersecting. For example, how can algorithmic governance be regulated? How can we preserve and encourage digital innovation while also supervising the so-called “responsible” deployment of AI? How can we limit AI’s impact on privacy and other human rights? How can we best frame automated decision-making? Is it possible to counter the “black box” of algorithms with greater transparency? How can we ensure that AI does not rely on discriminatory biases or contribute to the marginalization of vulnerable groups? How does and how will artificial intelligence affect the practice of law and the broader legal profession? What legal or normative frameworks are needed to regulate AI-related products and applications, such as generative AI, robots or other autonomous devices?
Courts, too, have recently embarked on a digital shift. The modernization of the justice system, including the computerization of court registries, raises a number of questions. Is this modernization properly supervised? Can such an initiative promote access to justice? Can the judicial system learn from the experience of the administrative justice system – such as the Tribunal administratif du travail – with regard to the use of technology in proceedings? How should we think about digital evidence? Are the current legal rules found in part in articles 2837 ff. of the Civil Code of Québec and in the Act to Establish a Legal Framework for Information Technology, CQLR, c. C-1.1 adequate for the state of technology in 2023?
The RDUS invites members of the legal community in Canada to submit works on thesecritical issues. We welcome engagement on a range of topics, including but not limited to:
- Access to justice
- Right to privacy and data protection
- Health law
- Environmental law
- Contract law
- Labour and employment law
- Fundamental rights and freedoms
- Private international law
- Ethics and law of artificial intelligence
- Governance and regulation
- Legal interpretation
- Pedagogy and university teaching
- Evidence and civil procedure
- Intellectual property
- Civil liability
- Society and religion
Works should be between 15,000 and 23,000 words in length (inclusive of notes).
They may be submitted by November 15th, 2023, by email to: [email protected].
Works will be selected by Profs. Anne-Sophie Hulin and Charles-Étienne Daniel, in collaboration with Prof. Andréanne Malacket, editor of the RDUS.
Each submission will undergo a double-blind peer review process. Authors must comply with the RDUS editorial policy, available on the Université de Sherbrooke Faculté de droit website: https://www.usherbrooke.ca/droit/recherche/publications/revue-de-droit-deuniversite-de-sherbrooke-rdus.
The RDUS is also proud to announce that the publication of this special issue is made possible by the OBVIA, the ADAJ project, the Chaire-miroir Ottawa-Lyon, the Chaire de recherche I.A. responsible à l’échelle mondiale, the CrRDG and the SoDRUS. A $1,000 “Prix de la Chaire Justice sociale et intelligence artificielle” (Fondation Abeona / ENS-PSL / OBVIA) will also be awarded to the emerging author (student, junior researcher, assistant professor) who publishes the most significant and innovative contribution in this special issue. The recipient will be selected jointly by the scientific directors of the special issue and by the editor of the RDUS, as well as the RDUS scientific committee.
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The Revue de droit de l’Université de Sherbrooke was founded in 1970 to promote the publication of legal research. The RDUS accepts original texts in both French and English. It also publishes works with a multi-disciplinary scope or that offer a perspective that goes beyond the strict classical framework of legal positivism.
Prof. Andréanne Malacket
Editor, RDUS
Recap: Wellness in Law Schools: Talking about Techniques and Tensions
On June 26 CALT held a Joint online Session with the Association of Law Teachers UK on Wellness. Members are encouraged to submit items of interest on this subject to CALT, and we will work on a repository.
The materials for the session are available as well:
A Resources document linking speaker bios and providing an extensive list of research resources including all those mentioned in the session. This is a google document available for download.
The Draft Guidelines for Mental Wellbeing in Legal Education prepared by Dr. Emma J. Jones, Sr. Lecturer and Director of Student Wellbeing at University of Sheffield School of Law UK, Professor Caroline Strevens, University of Portsmouth, Professor Rachael Field, Bond University, Australia; and Dr Colin James, ANU, Australia, in association with UK Association of Law Teachers and the International Bar Association are available here. Dr. Jones welcomes all comments on this draft, you can write to her at [email protected].
Finally, from Kate Fischer Doherty Director of the Public Interest Law Initiative and Director of Clinics at Melbourne Law School at the University of Melbourne comes this save the date, below the jump.
Read more
ALT + CALT Present Wellness in Law Schools: Talking about Techniques and Tensions, Jun 26 11AM EST
ACPD-CALT SUMMER SESSIONS 2023
June 26 2023 11:00 am EST
Wellness in Law Schools: Talking about Techniques & Tensions
Presented in collaboration with the Association of Law Teachers (ALT) UK
Registration is required https://bit.ly/ALTCALTWellness
This session will be available as a recording on the ACPD-CALT.org website at a later date
Institutions related to the legal profession in many jurisdictions have begun to recognize a serious and, it seems, increasing, level of mental unwellness amongst lawyers as well as law students. This panel will focus on the question of wellness in law schools.
A set of Draft Guidelines on Mental Wellbeing in Legal Education prepared by
- Emma J. Jones, Sr. Lecturer and Director of Student Wellbeing at University of Sheffield School of Law UK,
- Professor Caroline Strevens, University of Portsmouth, UK
- Professor Rachael Field, Bond University, Australia;
- and Dr Colin James, ANU, Australia,
- UK Association of Law Teachers
- International Bar Association
will be shared with all participants.
The Panel will reflect on some of the many complex tensions which arise in efforts to promote wellness in law schools. These tensions include whether wellness initiatives should be broadly or narrowly targeted, the extent to which wellness initiatives themselves can create more time pressure on students, and the problem of limited resources, particularly for evaluation studies. Specific initiatives that Panellists have been involved with will also form part of the discussion. Contributions and questions from all participants will be welcome time permitting. Specific initiatives that Panellists have been involved with will also form part of the discussion. Contributions and questions from all participants will be welcome time permitting. All registered participants will receive a copy of the Draft Guidelines and an annotated list of resources on wellness in law schools.
Panellists:
Professor Caroline Strevens, University of Portsmouth, UK
Commentators
Associate Professor Gemma Smyth (Windsor)
Summer Session Recap: Experts Chat about Chat GPT
Recorded on Jun 12 2023. Enregistré le 12 juin 2023
- Pour les sous-titres français auto-traduits, veuillez cliquer sur Parametres > Sous titres > Traduire Automatiquement
- Si vous ne voyez pas "Traduire Automatiquement, choisissez "English".
- Lorsque les sous-titres apparaissent, veuillez cliquer sur Traduire Automatiquement > français.
Links and Suggestions re other resources + biographies of Chat Experts (en)
Notes from the Roundtable [These notes were produced by CALT, using the transcript of this Roundtable and liberally deleting and editing]
Experts Chat about ChatGPT Mon Jun 12, 2PM EST via zoom
This session is part of ACPD-CALT Summer Sessions 2023.
Experts Chat about ChatGPT: Curriculum and Context
Monday June 12 2PM EST via ZOOM
Your expert colleagues talk teaching, evaluation and tech, helping law profs revise, augment and improve law teaching & (content and evaluation) in a world with easily accessible AI.
Registration required, here.
With
Prof Alexandra Mogoryos, Toronto Metropolitan University, Lincoln Alexander Faculty of Law
Audrey Fried Director, Faculty & Curriculum Development, Osgoode OPD, York University
Prof. Katie Szilagyi, University of Manitoba Faculty of Law
Prof. Kristen Thomasen Allard Faculty of Law, UBC
Prof. Jon Penny, Osgoode Hall Law School, York University
Prof Valerio de Stefano, Canada Research Chair in Innovation, Law and Society, Osgoode Hall Law School, York University
Prof. Wolfgang Alschner, Hyman Soloway Chair in Business and Trade Law, Ottawa Faculty of Law
Links and Suggestions re other resources + biographies of Chat Experts
CALT @ Congress @ York May 28-30 2023
Abstracts and Bios long program
Tuesday AGM Materials /documents pour l'AGA de mardi (en/fr)
CLSA Monday Program (overlap day)
NOTICE: ACPD CALT SUMMER SESSIONS 2023
Monday Jun 12, 2023 2:00 PM EST.
Experts Chat about ChatGPT:
Curriculum and Context
This roundtable of law, tech and teaching experts from Canadian Law Schools will try to put what's new about Chat GPT into context for law teachers. Should we teach about ChatGPT, and how? How might ChatGPT be integrated into legal work? And how can we design meaningful evaluations in a world where Chat GPT is a click away?
Prof Alexandra Mogoryos, Toronto Metropolitan University, Lincoln Alexander Faculty of Law
Audrey Fried Director, Faculty & Curriculum Development, Osgoode OPD
Prof. Katie Szilagyi, University of Manitoba Faculty of Law
Prof. Kirsten Thomasen, Allard Faculty of Law, UBC
Prof. Jon Penny, Osgoode Hall Law School
Prof Valerio de Stefano, Canada Research Chair in Innovation, Law and Society, Osgoode Hall Law School
Prof. Wolfgang Alschner, Hyman Soloway Chair in Business and Trade Law, Ottawa Faculty of Law
Registration required, register here: https://bit.ly/ChatChatGPT
Monday Jun 26, 2023 11:00 AM EST
Wellness in Law Schools:
Talking about Techniques and Tensions
Presented in collaboration with the Association of Law Teachers (UK).
Institutions related to the legal profession in many jurisdictions have begun to recognize a serious and, it seems, increasing, level of mental unwellness amongst lawyers as well as law students. This panel will focus on the question of wellness in law schools. A set of Draft Guidelines for law schools prepared by Emma J. Jones, Sr. Lecturer and Director of Student Wellbeing at University of Sheffield School of Law UK, Professor Caroline Strevens, University of Portsmouth, UK; Professor Rachael Field, Bond University, Australia; and Dr Colin James, ANU, Australia), the UK Association of Law Teachers and the International Bar Association on developing International Guidelines for Mental Wellbeing in Legal Education will be shared with all participants. Panellists (TBA) will offer feedback on the guidelines. The Panel will reflect on some of the many complex tensions which arise in efforts to promote wellness in law schools. These tensions include whether wellness initiatives should be broadly or narrowly targeted, the extent to which wellness initiatives themselves can create more time pressure on students, and the problem of limited resources, particularly for evaluation studies. Specific initiatives that Panellists have been involved with will also form part of the discussion. Contributions and questions from all participants will be welcome time permitting. All registered participants will receive a copy of the Draft Guidelines and an annotated list of resources on wellness in law schools.
Registration required, register here: https://bit.ly/ALTCALTWellness
UVIC positions available: Applications considered starting May 1 2023
Two Assistant or Associate Professor, Assistant or Associate Teaching Professor positions open at UVIC. The Committee will begin considering applications on 1 May 2023 until the positions are filled. See here for the full job listings. Tell your friends.
Position 1
The Faculty invites applications for one full-time research or teaching-stream faculty position. The
appointment will be at the rank of Assistant Professor, Assistant Teaching Professor, Associate Professor
or Associate Teaching Professor, with rank and tenure status determined after an assessment of
accomplishments and experience. The expected start date is 1 July 2023 or as negotiated.
This position is a Preferential Hire. In accordance with the University’s Equity Plan and pursuant to
Section 42 of the BC Human Rights Code, preference will be given to Black scholars. Candidates from
this group who wish to qualify for preferential consideration must self-identify in their cover letter. We
encourage applicants for all positions to self-identify other characteristics relevant to UVic Law’s
diversity commitments.
We are interested in hearing from all exceptional candidates regardless of subject-matter expertise. The
successful candidate must have the interest and capacity to teach first-year private law courses,
particularly first-year Property or Torts in the JD or JD/JID program. In addition, applications from
candidates with research or teaching interests in labour law, employment law, or dispute resolution are
especially welcome.
Position 2
The Faculty invites applications for one full-time research or teaching-stream faculty position. The
appointment will be at the rank of Assistant Professor, Assistant Teaching Professor, Associate Professor
or Associate Teaching Professor, with rank and tenure status determined after an assessment of
accomplishments and experience. The expected start date is 1 July 2023 or as negotiated.
This position is open to all applicants. We encourage applicants for all positions to self-identify
characteristics relevant to UVic Law’s diversity commitments.
We are interested in hearing from all exceptional candidates regardless of subject-matter expertise. The
successful candidate must have the interest and capacity to teach first-year private law courses,
particularly first-year Property or Torts in the JD or JD/JID program. In addition, applications from
candidates with research or teaching interests in labour law, employment law, or dispute resolution are
especially welcome.
We are particularly interested in candidates who can, or are interested in, teaching and conducting
research in a transsystemic or comparative way, including those with qualifications in more than one legal
tradition or jurisdiction. All candidates should have the capacity and desire to take part in the mentorship
and supervision of graduate students.
Feb 10 Regulation of Lawyers .... and Law Schools? How ongoing debates about lawyer licensing affect law schools and legal education
Regulation of Lawyers .... and Law Schools? How ongoing debates about lawyer licensing affect law schools and legal education
Hosted by ACPD-CALT
Feb 10 2023 1130 PST, 1230 MST, 130 CST, 230EST 330 AST
Please join us to hear about the challenges, ideas and changes which bring together regulators and law schools. Register here: https://yorku.zoom.us/meeting/register/tJYufuisrD0rE9dQb0zE7vqFlPUGq5yF4BWm
Other important links:
Federation of Law Societies of Canada:
Approved Canadian common law programs:
National Committee on Accreditation:
CALT Letters re Current Review
Canadian Council of Law Deans Principles on the Role of Law Faculties in Lawyer Education
Report from the Institute for the Advancement of the American Legal System: "The Whole Lawyer"
Furlong, A Competence-Based System For Lawyer Licensing in British Columbia report to LSBC, May 2022
Panelists
Read moreJob Opening: Law Centre Director, Faculty of Law, University of Victoria Assistant Teaching Professor and Clinical Director, Law Centre Deadline: March 21, 2023
Law Centre Director,
Faculty of Law, University of Victoria
Assistant Teaching Professor and Clinical Director, Law Centre Closing date for applications – March 21, 2023
The University of Victoria is consistently ranked in the top tier of Canada’s research-intensive universities. Vital impact drives the UVic sense of purpose. As an internationally renowned teaching and research hub, we tackle essential issues that matter to people, places and the planet. Situated in the Pacific Rim, our location breeds a profound passion for exploration. Defined by its edges, this extraordinary environment inspires us to defy boundaries, discover, and innovate in exciting ways. It’s different here, naturally and by design. We live, learn, work and explore on the edge of what’s next—for our planet and its peoples. Our commitment to research-inspired dynamic learning and vital impact make this Canada’s most extraordinary environment for discovery and innovation. Experience the edge of possibilities for yourself.
We acknowledge with respect the Songhees, Esquimalt and WSÁNEĆ peoples on whose traditional territory the university stands and whose historical relationships with the land continue to this day.
The Law Centre
Since its founding in the mid-1970’s, the Faculty of Law at the University of Victoria has sought to make a unique contribution to legal education in Canada. Dedicated to providing students with the skills, knowledge, and judgment they will need to embark on diverse careers, UVic Law, as part of its curriculum, offers a diversity of experiential education opportunities. The Law Centre Clinical Program furthers the Law school’s and the University’s strategic commitments to experiential education, engaged student learning, service to the community, equity and inclusion, and fostering respect and reconciliation for indigenous persons and communities.
Read moreCALT response to motion at Law Society of Alberta re mandatory Indigenous cultural competence requirement
Statement from the Canadian Association of Law Teachers re Motion before the Law Society of Alberta on Mandatory Indigenous Cultural Competence requirement
The Canadian Association of Law Teachers notes that on Monday, the Law Society of Alberta will consider a motion challenging the basis on which continuing professional development (CPD) on Indigenous intercultural competency has been mandated by the Law Society of Alberta.
The Canadian Association of Law Teachers is an association made up mainly of teachers in University J.D./LL.B. programs in Canadian Common and Civil Law law schools. However, CALT approaches legal education as a continuum which continues throughout a lawyer's professional life. In a letter dated November 30th 2022 (in response to a call issued September 22, 2022) CALT submitted a letter to the Federation of Canadian Law Societies about the upcoming National Requirement Review. In that letter, we indicated CALT's strong support for the Calls to Action of the Truth and Reconciliation Commission as they relate to law schools and legal regulators.
We have read the Letter in Support of Mandatory Indigenous Cultural Competency Training sent to the Benchers of the Law Society of Alberta on February 2, 2023 and signed by many lawyers and law students. This letter makes important, clear and direct arguments against the motion. CALT thanks the authors of this letter and would adopt the arguments and conclusions contained within it.
We have also read the statement of CALE, the Canadian Association for Legal Ethics, in response to the Alberta motion. We would also endorse and adopt the position articulated by that Association, that all Canadian legal regulators should develop and adopt a requirement that all licensees complete Indigenous intercultural competence training. CALT thanks CALE for its attention to this issue.
CALT Board of Directors
2022.12.08 Conference Update 1
Conference 2023 Colloque 1
Join us at CongressFHSS May 29, 30 2023 at York University / Rejoignez-nous au Congrès les 29 et 30 mai 2023 à l'Université de York.
Newsletter Dec 2022
Bulletin ACPD-CALT Bulletin
December 19 2022 decembre 19
Become a CALT member Devenir membre de l'ACPD
- Constitutional Crossroads Conference at Allard
- New Book by Prof. S. van Praagh (25% off)
- Baxter Family Federalism competition (students & early career)
Items relevant to teaching and learning in legal education can be sent by members to [email protected] re: ACPD-CALT Bulletin. We post positions available in the Canadian legal academy on our website when they come to our attention.
Nous publions les postes disponibles dans l'académie juridique canadienne sur notre siteweb lorsqu'ils sont portés à notre attention. Les nouvelles pertinents à l'enseignement et à l'apprentissage en éducation juridique peuvent être envoyés à [email protected] au sujet de: Bulletin ACPD CALT.
Read moreCall for Participants in a Reading Group & Roundtable at CALT 2023 Conference: The Comparative Value of Online and In-person Legal Education
This reading group and roundtable will give legal educators space to consider and compare the value of online versus in-person legal education, and imagine how to move forward to a "new normal" that can hopefully better reflect some of the lessons learned about different teaching modalities during the pandemic.
Participants will be invited to read three articles relevant to the topic prior to the roundtable. Each of these readings will be briefly summarized at the start of the session, and participants will then be guided through a series of discussion questions on the roundtable's theme.
Call for Participants in a Roundtable at CALT 2023 Conference: Teaching Critical Approaches to Criminal Law
Profs Sarah-jane Nussbaum (UNB) and Danardo Jones (Windsor) are convening a Roundtable for CALT at Congress 2023 (see link for dates and details of the Conference) about teaching critical perspectives in criminal law, and are reaching out for expressions of interest in joining.
The focus here is on teaching law school first years, and early career teachers are especially welcome.
- Roundtable participants are asked to bring something for the group conversation, for instance:
- More granular descriptions of teaching goals/learning outcomes in terms of "critical perspectives", or a definition of "critical perspectives" that you are using in designing your course
- A description of specific challenges (or perceived failures) in bringing critical perspectives to students, reflections on the reasons for the problem including perhaps how it relates to other courses, classroom dynamics, etc.
- A particular class or teaching unit which worked well including perhaps material, focus, activities, and evaluation methods to share with the group.
- Evidence of how an approach is received by students (good or bad)
Please reach out to Profs Nussbaum and Jones by December 20 if interested ([email protected], [email protected]) so that they can add your name to the proposal they plan to submit. Your email should include some indication of what you would like to bring to the Roundtable.
There is space available for a number of people to join - invite your colleagues to consider it. At the Conference, people not actually part of the Roundtable will of course be able to attend the session.
The National Requirement Review: A letter to the Federation of Canadian Law Societies
In response to a call issued September 22, 2022, CALT has submitted a letter to the Federation of Canadian Law Societies about the upcoming National Requirement Review. The text of the letter is in this post below the break or you can find a .pdf file here.
In brief, we expressed concern about process and substance. We suggested that it was necessary that the review be "meaningfully collaborative, adequately evidence-based and aimed at generating consensus among key stakeholders". We also noted three substantive points:
1. with the exception of the need to integrate the Calls to Action of the Truth and Reconciliation Commission, any effort to expand the breadth, depth or specificity of the competencies that are currently articulated in the National Requirement as mandatory criteria for approved Canadian law degrees ought to be framed as an effort to articulate supplementary guidelines, rather than added requirements
2. the National Requirement review must embrace an approach to articulating competencies appropriate to ‘whole lawyers’, to ‘diverse professional practise contexts’ and for the ‘whole continuum’ of legal education and competence development, thus rejecting the undesirably narrow, ‘technical’ and ‘one-size-fits-all’ vision of competence for legal education and legal practise that was articulated in the initial work of the NCA Assessment Modernization Committee
3. the National Requirement review must not pre-emptively or prematurely adopt starting ideas that lack evidence-based credibility or that have not been subjected to appropriate critical assessment.
The letter, below the jump, explains the concerns and considerations underlying these positions.
The thoughts of our members about this upcoming review and how ACPD-CALT should engage are very welcome - you can contact us at [email protected].
Read more
Newsletter Oct 2022
Bulletin ACPD-CALT Bulletin
October 2022 Octobre
matières - contents
- CALT Awards - Les prix ACPD
- New colleagues in the Canadian legal academy - Nouveaux collègues dans l'académie juridique canadienne: Allard
- Congress 2023 Congrès Call / Appel
- External Announcements - Annonces externes
Items relevant to teaching and learning in legal education can be sent to [email protected] yorku.ca re: ACPD-CALT Bulletin.
Les nouvelles pertinents à l'enseignement et à l'apprentissage en éducation juridique peuvent être envoyés à [email protected] au sujet de: Bulletin ACPD CALT.
Read more
2023 Call for Proposals
Find the call in french / Appel en francais.
CALL FOR PROPOSALS
Annual Meeting 2023
Deadline for proposals December 23 2022.
Submit proposals using this form
The Canadian Association of Law Teachers first in-person meeting since the Summer of 2019 will be at York University in Toronto as part of the 2023 Congress of the Humanities and Social Sciences (May 27 to June 3 2023).
CALT’s meetings will be on Monday May 29 and Tuesday May 30 2022.
The CALT Banquet and awards will be held concurrently with the Canadian Law and Society Association on the evening of Sunday May 28th, 2022, the night before our meetings begin.
On Monday May 29 CALT will host a Luncheon for Junior Professors - all of those appointed to their first full time tenure track position in or after the month of January 2020.
Congress 2023 is an important moment to come together and attempt to re/connect with our communities. We are particularly focused on the way our communities have both grown and changed since our last meeting, and of issues left on the table when we canceled our 2020 conference. The Congress theme, Reckonings and Re-Imaginings has particular resonance in that light and will be somewhat familiar to Canadian scholars and learners of law:
The third decade of the twenty-first century has brought us into unprecedented times. An unrelenting global pandemic, protests for racial justice, and escalating climate disasters have heightened our awareness of the urgent need for collective action to help us create a more equitable and sustainable world. The lessons from Black Lives Matter, Idle No More, the Truth and Reconciliation Commission, and the Inquiry into Missing and Murdered Indigenous Women and Girls, have been joined by new lessons, new reckonings about what is needed to live in non-hierarchical relationships that can truly honour our human differences, while protecting the land, water and air we all need to live together.
In the theme, “Reckonings and Re-Imaginings,” we invite the Congress community to pause and reflect on the lessons we have learned, but also to begin the work of imagining and enacting the terms under which we might create a radically different world. What might it mean for us to commit to knowing and caring for each other across our differences, understanding that the world we want to live in tomorrow is dependent on the action we take together today? Can we re-imagine a new set of social relationships grounded in decoloniality, anti-racism, justice, and preservation of the earth? This invitation for both reflection and action requires a genuine investment in the project of learning and growing, a willingness to participate in active and meaningful co-engagement, and a commitment to exercising patience and care in doing the hard work of changing belief systems and the world.”
See more at the Congress main site here.
AN EXPANDED FOCUS
In putting together our program, we are proposing two particular areas of attention in addressing the themes above:
- We would like to pay particular attention to the work and needs of those members of the academy who have joined in the last 3 or 4 years (along with programming aimed at graduate students in law);
- We are looking to make more space for discussions of scholarly legal research inside or across areas of legal scholarship - beyond the scholarship of teaching and learning.
These plans complement our familiar focus on teaching and learning law in Canada.
PROPOSALS
We encourage the submission of complete or partial (with space for more participants) proposals for sessions of 1.5hrs or 1 hour. We are open to a variety of formats and themes, as set out below and we encourage you to reach out to colleagues at different institutions and career stages to generate possibilities.
Participants should assume that remote participation—for presenters and audiences—will not be supported at this conference. All participants should plan to attend the conference in person. If you have questions or concerns please be in touch at [email protected].
Form (all sessions slots are 1.5 hours – you may request a 1 hour session) |
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Substantive Themes related to Reckonings & Reimaginings (feel free to identify more than one) |
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i. Workshops (participatory workshops led by one or more people) |
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a. Topics which relate to or engage with Indigenous and / or Black communities and law or legal education |
ii. Roundtables (large number of speakers or expectation that all participate) |
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b. Post Pandemic Reckonings and Reimaginings |
iii. Panels (3-4 speakers presenting research work, with or without drafts and commentators) |
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c. Teaching and Learning in Legal Education |
iv. Author meets Reader |
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d. Focus on scholarship about a particular issue. |
v. Another format |
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e. Focus on scholarship in a particular subject area. |
By the time of the conference, all participants must be registered as members of CALT and registered for Congress. We would be delighted if you chose to become a member now: please visit https://www.acpd-calt.org/join_adhesion.
The requirement of membership does not include JD students or community members who may be participating in your proposal. Please contact us directly in that case at [email protected] or indicate that people in this position are a part of your proposal.
Submit proposals using this form.
https://forms.gle/MXiYF2XsPutQcRt97
Our Deadline is December 23 2022 but we will begin reviewing proposals on November 23 2022.
Questions should be directed to contact@acpd-calt.org
We also anticipate a role in arranging ‘CALT-sponsored” Open Sessions (available to all Congress attendees). These should closely relate to the theme-related sessions and so invite suggestions for sessions or speakers and expressions of interest in co-arranging specific sessions. Limited funding may be available to support non-academics in travel and attendance in relation to these open sessions where applicable. Creative proposals are welcome.
CALT may award a “Congress Graduate Student Merit Award” worth approximately $500 to one graduate student who is presenting their work at our meetings. Only students who are presenting work which can be described through an abstract of 250 words will be able to apply for this award. The award recipient will be notified by May 2023, and funds will be disbursed in June 2023. If you or someone participating in your proposed session is interested in this opportunity please indicate using the box available in the submission form.
CALT members participating at Congress may also be eligible to receive a “Child and Dependent Care Subsidy” (up to 200 per person) via the Federation of Social Sciences and the Humanities. An application is required, and decisions about this subsidy will be released on May 2 2023. Information about this opportunity will be distributed to all who are on the program in late March 2023.
a short reading list on Student Evaluation of Teaching
Student Evaluations of Teaching: A Short, Annotated, List of Resources
June 2022
Download a .docx version here.
(important additions? write to [email protected] or [email protected])
LABOUR ARBITRATION DECISION
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Ryerson University v Ryerson Faculty Association, [2018] 2018 CanLII 58446. https://canlii.ca/t/hsqkz
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Decision limiting use Ryerson can make of SETs in T&P decisions. See Freishtat and Stark Expert Reports, below. |
ACADEMIC ARTICLES Student evaluations are an intensely studied area, particularly in disciplines which make use of statistical tools. The volume of published material is truly astounding. There are also a number of new studies which try to evaluate the impact of moving to online teaching on evaluations. What follows is a very small selection.
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Lavallee, Jaime, “How To Be Biased in the Classroom: Kwayeskastasowin - Setting Things Right?” (2022) 48:3 Mitchell Hamline Law Review, online: <https://open.mitchellhamline.edu/mhlr/vol48/iss3/3>. |
A new-to-the-legal-academy female Cree-Metis teacher describes and analyzes her experience and approach teaching a new mandatory course in Indigenous law, and what she found in her course evaluations. See also La Touche et al, below, on the question of impact on instructors. |
Lazos, Sylvia R, “Are Student Teaching Evaluations Holding Back Women and Minorities?: The Perils of ‘Doing’ Gender and Race in the Classroom” in Gabriella Gutiérrez y Muhs et al, eds, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Utah State University Press, 2012). |
An effort to summarize the plethora of studies suggesting problems with how students evaluate instructors who are women and/or minorities if they talk about gender and race in the classroom. |
Abel, Richard L, “Evaluating Evaluations: How Should Law Schools Judge Teaching?” (1990) 40:4 Journal of Legal Education 407–465, online: <http://www.jstor.org/stable/42898120>. |
An older piece from a CLS inclined professor. |
Fisher, Warwick et al, “Student evaluations: Pedagogical tools, or weapons of choice?” (2020) 30:1 Legal Education Review, online: <https://ler.scholasticahq.com/article/14561-student-evaluations-pedagogical-tools-or-weapons-of-choice>. |
Australian context. |
Ho, Daniel E & Timothy H Shapiro, “Evaluating Course Evaluations: An Empirical Analysis of a Quasi-Experiment at the Stanford Law School, 2000-2007” (2008) 58:3 Journal of Legal Education 388–412, online: <http://www.jstor.org/stable/42894079>. |
An effort to evaluate reliability and validity on the occasion of a change in method of administration (to online) and change in wording of some questions. Concludes that these changes rendered the results under the old method and new method incompatible for comparison. |
Kreitzer, Rebecca J. & Sweet-Cushman, Jennie (2022). Evaluating Student Evaluations of Teaching: a Review of Measurement and Equity Bias in SETs and Recommendations for Ethical Reform. Journal of Academic Ethics 20 (1):73-84. https://philpapers.org/rec/KREESE |
Recent meta-study of evaluations,. Illustrates complex and multi-directional findings around gender and race in evaluation, indicating that downgrading female and/or POC instructors might not be the only impact that can be seen from SETs. |
Lubicz-Nawrocka, Tanya & Kieran Bunting, “Student perceptions of teaching excellence: an analysis of student-led teaching award nomination data” (2019) 24:1 Teaching in Higher Education 63–80, online: <https://doi.org/10.1080/13562517.2018.1461620>. |
A potentially useful illustration of how student responses to what “excellent” teaching is tend to cluster, using data from student-led teaching award nominations. No gender/race analysis but perhaps helpful in understanding what students appreciate and why we might be helped by hearing positive feedback from students. |
Reverter, Antonio et al, “Unravelling student evaluations of courses and teachers” (2020) 7:1 Cogent Education 1771830, online: <https://doi.org/10.1080/2331186X.2020.1771830>. |
A recent study looking at the evaluations at an Australian economics school concludes “The overall teaching rating awarded to academics clusters most with approachability and encouragement of student input—aspects of temperament and style—and not with explanatory skill or organisational ability.” |
Tevis, Britt P & K E Powell, “Student Evaluations of Teaching: An Unlawful Barrier to Women’s Professional Advancement in Australian Universities” (2019) 37 39. |
Australian article taking on the impact of teaching evaluations on professional advancement for women. |
Cashin, William E. Student ratings of teaching: A summary of the research. Center for Faculty Evaluation & Development, Division of Continuing Education, Kansas State University, 1988.
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An example of a study finding that gender and race do not play a role in teaching evaluations. |
REPORTS
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La Touche R, Kowalchuk L, Wijesingha R. (Re)Prioritizing Pedagogic Feedback: Faculty Experiences with Qualitative Comments from Student Evaluations of Teaching (SETs) A Report Prepared for the Canadian Sociological Association (CSA).; 2020. https://www.dropbox.com/s/jwojtf85rmuz5it/SET_Full_Report_REV-compressed.pdf?dl=0 |
Read with Lavallee, above. Focused on how faculty receive the qualitative comments made by students on SETs. |
Freishtat, Richard L, Expert Report on Student Evaluations of Teaching (SET), by Richard L Freishtat (2016).
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Expert Report prepared for the Ryerson arbitration |
Stark PB. Expert Report on Student Evaluations of Teaching (Faculty Course Surveys) Prepared for The Ryerson Faculty Association and The Ontario Confederation of University Faculty Association.; 2016. |
Expert Report prepared for the Ryerson arbitration |
Ontario Confederation of University Faculty Associations. OCUFA Briefing Note on Student Questionnaires.; n.d. https://ocufa.on.ca/assets/OCUFA-Briefing-Note-Student-Questionnaires.pdf |
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Report of the OCUFA Student Questionnaires on Courses and Teaching Working Group. Ontario Confederation of University Faculty Associations; 2019. https://ocufa.on.ca/assets/OCUFA-SQCT-Report.pdf |
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Ontario Faculty Association Agreements: Student Questionnaires and Peer Evaluation of Teaching. Ontario Confederation of University Faculty Associations; 2019. https://ocufa.on.ca/assets/SQCT-companion-FA-agreements.pdf |
Survey of Ontario Faculty agreements and what they say about SETs / Peer Evaluation of teaching. |
VIDEO |
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Validity and Equity Problems in Law School Teaching Evaluations, Faculty Conferences: Northwestern Pritzker School of Law.; 2022. Accessed June 12, 2022. https://www.law.northwestern.edu/research-faculty/events/conferences/teaching-evaluations/ |
Video of a recent panel discussion on this issue hosted by Northwestern. |
REFORM |
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Dalhousie University, “Holistic Evaluation of Teaching Policy”, online: Dalhousie University <https://www.dal.ca/dept/university_secretariat/policies/academic/holistic-evaluation-of-teaching-policy.html>. |
Description of an effort to revamp evaluations of teaching to reduce reliance on SETs. |
WHY (how) DO WE DO STUDENT EVALUATIONS? How a selection of universities explain what they are doing when they do SETs.
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Berkeley Law, “Teaching Evaluation Procedures”, online: Berkeley Law <https://www.law.berkeley.edu/academics/evaluation-procedures/>. |
University of Ottawa, “Evaluation of teaching and courses”, online: University of Ottawa <https://www2.uottawa.ca/about-us/provost/evaluation-teaching-courses>. |
University of Toronto Faculty of Law, “Course Evaluations | Academic Handbook”, online: <https://handbook.law.utoronto.ca/courses/course-evaluations>. |
University of Western Ontario Faculty of Law, “Academic Policies and Procedures”, online: https://law.uwo.ca/current_students/student_services/academic_policies_and_procedures.html |
York University, “Course Evaluations”, online: <https://courseevaluations.yorku.ca/facultyhelp/midcoursetraining/>. |
NOT JUST FOR T&P: A reminder of how students use SETs sometimes…
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“The Canons Big Book of Course Reviews: 2022-23 Edition”, Canons of Construction (University of Alberta Faculty of Law Student Newspaper) (17 March 2022), online: <https://www.canonsonline.com/2022/03/the-canons-big-book-of-course-reviews-2022-23-edition/>. |
2023 Call for Proposals
Find the call in french / Appel en francais.
CALL FOR PROPOSALS
Annual Meeting 2023
Deadline for proposals December 23 2022.
Submit proposals using this form
The Canadian Association of Law Teachers first in-person meeting since the Summer of 2019 will be at York University in Toronto as part of the 2023 Congress of the Humanities and Social Sciences (May 27 to June 3 2023).
CALT’s meetings will be on Monday May 29 and Tuesday May 30 2022.
The CALT Banquet and awards will be held concurrently with the Canadian Law and Society Association on the evening of Sunday May 28th, 2022, the night before our meetings begin.
On Monday May 29 CALT will host a Luncheon for Junior Professors - all of those appointed to their first full time tenure track position in or after the month of January 2020.
Congress 2023 is an important moment to come together and attempt to re/connect with our communities. We are particularly focused on the way our communities have both grown and changed since our last meeting, and of issues left on the table when we canceled our 2020 conference. The Congress theme, Reckonings and Re-Imaginings has particular resonance in that light and will be somewhat familiar to Canadian scholars and learners of law:
The third decade of the twenty-first century has brought us into unprecedented times. An unrelenting global pandemic, protests for racial justice, and escalating climate disasters have heightened our awareness of the urgent need for collective action to help us create a more equitable and sustainable world. The lessons from Black Lives Matter, Idle No More, the Truth and Reconciliation Commission, and the Inquiry into Missing and Murdered Indigenous Women and Girls, have been joined by new lessons, new reckonings about what is needed to live in non-hierarchical relationships that can truly honour our human differences, while protecting the land, water and air we all need to live together.
In the theme, “Reckonings and Re-Imaginings,” we invite the Congress community to pause and reflect on the lessons we have learned, but also to begin the work of imagining and enacting the terms under which we might create a radically different world. What might it mean for us to commit to knowing and caring for each other across our differences, understanding that the world we want to live in tomorrow is dependent on the action we take together today? Can we re-imagine a new set of social relationships grounded in decoloniality, anti-racism, justice, and preservation of the earth? This invitation for both reflection and action requires a genuine investment in the project of learning and growing, a willingness to participate in active and meaningful co-engagement, and a commitment to exercising patience and care in doing the hard work of changing belief systems and the world.”
See more at the Congress main site here.
AN EXPANDED FOCUS
In putting together our program, we are proposing two particular areas of attention in addressing the themes above:
- We would like to pay particular attention to the work and needs of those members of the academy who have joined in the last 3 or 4 years (along with programming aimed at graduate students in law);
- We are looking to make more space for discussions of scholarly legal research inside or across areas of legal scholarship - beyond the scholarship of teaching and learning.
These plans complement our familiar focus on teaching and learning law in Canada.
PROPOSALS
We encourage the submission of complete or partial (with space for more participants) proposals for sessions of 1.5hrs or 1 hour. We are open to a variety of formats and themes, as set out below and we encourage you to reach out to colleagues at different institutions and career stages to generate possibilities.
Participants should assume that remote participation—for presenters and audiences—will not be supported at this conference. All participants should plan to attend the conference in person. If you have questions or concerns please be in touch at [email protected].
Form (all sessions slots are 1.5 hours – you may request a 1 hour session) |
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Substantive Themes related to Reckonings & Reimaginings (feel free to identify more than one) |
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i. Workshops (participatory workshops led by one or more people) |
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a. Topics which relate to or engage with Indigenous and / or Black communities and law or legal education |
ii. Roundtables (large number of speakers or expectation that all participate) |
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b. Post Pandemic Reckonings and Reimaginings |
iii. Panels (3-4 speakers presenting research work, with or without drafts and commentators) |
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c. Teaching and Learning in Legal Education |
iv. Author meets Reader |
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d. Focus on scholarship about a particular issue. |
v. Another format |
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e. Focus on scholarship in a particular subject area. |
By the time of the conference, all participants must be registered as members of CALT and registered for Congress. We would be delighted if you chose to become a member now: please visit https://www.acpd-calt.org/join_adhesion.
The requirement of membership does not include JD students or community members who may be participating in your proposal. Please contact us directly in that case at [email protected] or indicate that people in this position are a part of your proposal.
Submit proposals using this form.
https://forms.gle/MXiYF2XsPutQcRt97
Our Deadline is December 23 2022 but we will begin reviewing proposals on November 23 2022.
Questions should be directed to contact@acpd-calt.org
We also anticipate a role in arranging ‘CALT-sponsored” Open Sessions (available to all Congress attendees). These should closely relate to the theme-related sessions and so invite suggestions for sessions or speakers and expressions of interest in co-arranging specific sessions. Limited funding may be available to support non-academics in travel and attendance in relation to these open sessions where applicable. Creative proposals are welcome.
CALT may award a “Congress Graduate Student Merit Award” worth approximately $500 to one graduate student who is presenting their work at our meetings. Only students who are presenting work which can be described through an abstract of 250 words will be able to apply for this award. The award recipient will be notified by May 2023, and funds will be disbursed in June 2023. If you or someone participating in your proposed session is interested in this opportunity please indicate using the box available in the submission form.
CALT members participating at Congress may also be eligible to receive a “Child and Dependent Care Subsidy” (up to 200 per person) via the Federation of Social Sciences and the Humanities. An application is required, and decisions about this subsidy will be released on May 2 2023. Information about this opportunity will be distributed to all who are on the program in late March 2023.
Dean Search: University of Victoria Faculty of Law
No deadline is currently listed.
"As a member of the University’s senior leadership team the Dean will collaborate with other Deans, academic leaders, senior administrators, staff, and other key stakeholders to implement and proactively advance UVic’s Strategic Plan and objectives as well as its Strategic Research, Indigenous, and International Plans. The Dean facilitates collaboration and leadership within the Faculty of Law and is expected to play a leadership role in shaping legal education in Canada and internationally. The Dean will provide leadership for the faculty’s future strategy, building on the law school’s evolving and emerging strategic goals and objectives The Dean will be a visionary leader who will enhance the Faculty of Law’s commitment to furthering equity, diversity and inclusion, excellence in scholarship, teaching, and service. The successful candidate will have a graduate degree in law or a related discipline and be eligible for an appointment at the rank of Full Professor. Experience in the Canadian post-secondary sector is an asset. The successful candidate will have a strong academic track record, knowledge of program development and experience in academic leadership. The successful candidate will have exceptional interpersonal skills with the ability to inspire innovation and collaboration and meet the evolving and diverse needs of students, faculty, and staff."
UBC Allard School of Law: Indigenous Faculty Position (Deadline Nov 14 2022)
Peter A. Allard School of Law University of British Columbia
Tenure-Track or Tenured Indigenous Faculty Appointment
See job ad on the Allard UBC Law website here or text below.
The Peter A. Allard School of Law at the University of British Columbia seeks to recruit an outstanding Indigenous faculty member and invites applications from Indigenous candidates for a full-time tenuretrack or tenured appointment, ideally at the rank of Assistant or Associate Professor. It is hoped that the position will commence July 1, 2023, subject to negotiation with the successful candidate. The successful candidate will be appointed to the rank appropriate to their qualifications and experience. Salary will be commensurate with qualifications. The position is subject to budgetary approval.
Read more
The Open Access Revolution: Workshop Recap
At CALT's July 6 web session on Open Access publishing we heard from practitioners, law teachers, and publishers about options for Open Access with CanLII. I thought I knew what could be done with “online”, “open access” text books – but I think I’d fallen a bit behind and what I saw made me even more keen to join up. There are lots of reasons to think about this, normative reasons (low price, public access) and functional/pedagogical reasons (customization, easy access, downloads possible, printing possible, and additional features such as embeds, links, etc).
Scroll down for more on Open Access resources and more on CanLII's platform.
Samuel Beswick is Assistant Professor at Allard where he’s teaching Torts. You can see his Open Access, Torts casebook on CanLII: Tort Law: Cases and Commentaries (2021 CanLIIDocs 1859). He put together two brief slides easily accessed here, to highlight important points, and he’s also done a short explainer at SLAW, here. Those are really useful, but I think that taking a look at his casebook is perhaps the best way to see what’s possible (the artist who did the cover illustration is a student – you can see her work here).
Sam was particularly interested in highlighting two things in his casebook. First, a bit of comparative law from around the common law world in terms of tort doctrine. Second, the question of how Tort law should work when the alleged tortfeasor is a public entity. Doing his own casebook allowed him to bring those things to the fore.
Beswick's Tort Law is relatively purely a casebook – there is some commentary but it’s not from him. But what a casebook! In particular:
- The cross referencing means that students can easily follow a case which might appear in a case book multiple times (for instance, in terms of the duty of care, the standard of care, and the remedy).
- The “additional reading” or “resources” linked can include video, news articles.
- The links mean that students can easily move from the excerpts he’s providing to the full text if they want to.
The work is hosted on CanLII and available completely open access. Students can download it, access it via the web, or print it. Sam, in fact, has it printed and requires that students buy it (at cost of printing/binding) so that they have it in print form (there were some interesting side conversations about comprehension and concentration when reading online/in print). Sam said too that because CanLII SEO game is strong, he’s getting views from people who are probably just looking for general tort information but his book comes first when they search!
Sam has also enhanced his book with teaching tools including quizzes and help “structuring the answer on an exam” – these tools are hosted elsewhere but also available open access. (I did not do very well on the defences quiz, 26 years post-Torts with Prof. Weinrib, scraping a pretty bare pass).
Reminder that CALT membership is open for online purchase (here). Please consider becoming a member if you find this kind of workshop and resource useful.
John Fiddick and Cameron Wardell are civil litigators in B.C., and the lead editors of The CanLII Manual to British Columbia Civil Litigation - open access on CanLII here (cover art for this Manual is by….Cameron Wardell!). This is a different kind of project but it also highlights the incredible possibilities of OA as supported by CanLII, as a tool for access to justice and a space of collaboration not just sole authorship.
Initiated out of a concern that self-represented litigants (and new professionals) had limited places to go for a comprehensive guide to the civil litigation systems in BC. It is deliberately written a format and language that will be accessible to the ordinary citizen. Each of the 9 “pathfinders” (for instance, in personal injury law, residential tenancy law, and worker’s compensation law) in Administrative Law, Criminal Law Employment Law was written by a volunteer author, and a huge team of volunteer checkers and editors helped bring this project to fruition. CanLII provided some coordination and formatting support, but the content is all volunteer-expert supplied.
Alisa Lazear, Manager of Community and Content at CanLII, was closely involved in the development and production of the BC Manual and Sam’s Torts casebook. While the casebook was largely a sole author production (Sam wrote it in word, and then it was uploaded to the CanLII platform), the Manual required more development and coordination. CanLII is fielding a number of proposals for similar Manuals across the provinces. The BC Manual is being well used (first citation, here). As Cameron pointed out there are (Cameron’s emphasis!) “very serious lawyers” who use no database other than CanLII now. Those of us (like me) who entered legal research just as analog methods were giving way to full text, fully commercialised databases, might not realize this – I’m not sure I did.
If you want to read more about Open Access Resources in legal education, you can read the Code of Best Practices in Fair Use for Open Educational Resources and/or watch a series of topic specific recorded webinars about Fair Use for Open Educational Resources here (h/t to Osgoode’s Carys Craig, the only scholar from a Canadian Law School involved here I think). The materials are “…intended to support authors, teachers, professors, librarians, and all open educators in evaluating when and how they can incorporate third party copyright materials into Open Educational Resources to meet their pedagogical goals”. The clear concern here is that understandings of IP and copyright might be stifling educational use beyond what the law actually requires.
If you want to know more about CanLII platform and policies around hosting Open Access resources, you can try here (Author guidelines), here (Lexbox, free to sign up, which will show you what your materials will look like on CanLII) and here (Reflex, which automatically finds and hyperlinks an references in your materials which connect to CanLII resources – other hyperlinks need to be manually added). Despite CanLII's small number of staff, it is developing into a significant player in Canada as a supplier of Open Access Resources in legal practice and legal education. Alisa Lazear also recommended this guide to publishing Open Access educational resources put together by a not-for-profit: The Rebus Guide to Publishing Open Text which details the kinds of things you have to think about, and the process from beginning to Open Access (well, and beyond, since with legal material you always have to think about updates/being up-to-date).
Apologies for any errors or misunderstandings in this post, entirely my own. Huge thanks again to Alisa, Sam, John and Cameron, and Sarah Sutherland of CanLII.
Workshop Report: Incorporating Disability into the Law School Curriculum
CALT is really grateful to this amazing group of professors who brought us a wonderful workshop on Incorporating disability into the curriculum on June 29 2022.
- David Lepofsky – Disability Advocate, Adjunct Professor of Law, University of Toronto and Chair of the Accessibility for Ontarians with Disabilities Act Alliance
- Laverne Jacobs – Professor, Faculty of Law, University of Windsor and lead author and General Editor Law and Disability in Canada: Cases and Materials. Lexis Nexis 2021.
Co Authors
- Odelia Bay – PhD Student, Osgoode Hall Law School, York University
- Ruby Dhand – Associate Professor, Faculty of Law, Thompson Rivers University
- David Ireland – Associate Professor, Faculty of Law, University of Manitoba
- Richard Jochelson – Dean, Faculty of Law, University of Manitoba
- Freya Kodar – Associate Professor, Faculty of Law, University of Victoria
Anna Lund, Associate Professor, Faculty of Law, University of Alberta (moderator)
David Lepofsky opened the session, describing his report on this topic, originally written for Osgoode Hall Law School and soon to be published in the Windsor Yearbook of Access to Justice as a paper. David noted that he’s given talks at many schools on this topic and welcomes requests to do so – just reach out.
The lead author of Law and Disability: Cases and Materials, Laverne Jacobs (also the 2022 winner of CALT’s Academic Excellence Award!) spoke about the aims and scope of book (available here, tell your librarian and your colleagues), which she noted was “inspired by the notable absence of material about the lives of people with disabilities in law school curricula”. She described it, in part, as a “necessary part of cultural competency of students, disabled and non disabled alike”.
Describing how she brings disability into the public law context, Dr. Jacobs (who teaches, inter alia, Admin law) suggested two practical tips. First, reread an older case in light of changes in the law. She suggested Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624, with which many will be familiar, which could be reread to ask whether the Medical Commission properly exercised discretion when it did not include sign language translation on the list of funded services. Next, she suggested that a more recent case like Vavilov could be read with a disability lens. Students can be asked to outline the actual impact on people with disabilities, people who access many statutory regimes of benefit provision, for instance. She also recommended, in the area of equality and human rights law, Disability Rights Coalition v. Nova Scotia (Attorney General), 2021 NSCA 70 (CanLII), <https://canlii.ca/t/jjg28> , noting that it focuses on evidentiary requirements which are often important in disability related cases.
Odelia Bay, a sessional instructor in labour law and PhD candidate at Osgoode Hall Law School talked about how she uses her classroom to model accessibility and contrast it with accommodation, working in her teaching to assume that all her students are people with disabilities. She also establishes the difference between social and individual/medical models of disability and how these produce different legal analyses and outcomes. She noted in particular the complexities of episodic disabilities, cases which challenge the idea of predictability in disability and “accommodation”, pointing to some a case she takes up in her contribution to the volume which involves the return to work of a person with bipolar disorder and the labour arbitration over what accommodations were required. She noted that cases also offer the possibility of a discussion of social class and private support. In the case she takes up, the person making the claim was a professor, and the final outcome included insurance payouts which lessened the financial cost of accommodation for the university. But in many cases, people with disabilities will not have this kind of support.
Freya Kodar teaches in the areas of income support law, pension law, social welfare law and tort law. Her engagement with disability analysis focuses on the ways that income support law provides income support across life course, but raises many questions about the adequacy of that support. She particularly noted her efforts to ensure that students are able to problematize the need (in legal contexts) to present disability in a negative light in order to qualify for support. Students can work on identifying the ways that this fits with the medical model and differs profoundly from how a disability justice approach or a social model/critical model might frame the issue.
David Ireland and Richard Jochelson wrote about disability in the criminal law context, considering in particular jury representations for people with disabilities (pointing out that in the case of Indigenous people in Canada, the percentage of people identifying as disabled seems to be higher and perhaps substantially higher than the 1 in 5 usually cited for the rest of the Canadian population) and then the work done at inquests into deaths in state “care”, considering not only deaths in custody, but a other contexts as well. Their contribution also considers how mental and physical disability plays a role (or does not) in sentencing decisions. Like many of the presenters, these two emphasized the need to alert students to the failings of the legal profession in its own approaches to access and accommodation.
Finally, Ruby Dhand, who teaches mental health law spoke about her work in teaching this substantive content of mental health law (which, as she pointed out, intersects with a huge number of overlapping legal areas including human rights law, clinical legal education, health law, criminal law) as well as in furthering discussions about and importance of mental health in the profession. Prof Dhand pointed to the importance of encouraging students to use a trauma informed lens in their own work as lawyers.
This discussion and this book highlight the ways that “disability” issues pervade our law, and people with disabilities are users of all of the doctrine and systems that are used by the non-disabled – with some systems uniquely focused on people with disabilities. Thus the necessity of including this material and habituating our students to thinking about the way that disability is and should be treated in law seems clear. Equally, we are teaching in spaces that include people with disabilities and thus must think about our own practices with respect to disability and access. Finally our students, whether living with disabilities or not and whether planning to practice something that we might label “disability law” or not, must be prepared to have people with disabilities as their clients and colleagues and to respond in professional and appropriate ways to different needs and concern.
CALT is very grateful to all of the presenters in this workshop for their published work and their daily ongoing work to foreground and support the work of access and inclusion in form and practice.
Workshop Wednesday July 20 2022 @2PM EST
OCCUPATIONAL HEALTH AND SAFETY: A Primer and Strategic Mapping Exercise
Wednesday July 20, 2022 2:00PM EST
You will need to register in advance for this meeting by clicking here.
After registering, you will receive a confirmation email containing information about joining the meeting.
The COVID-19 pandemic has put worker health and safety at the forefront of the news. Over half the workforce of Cargill’s meatpacking plant in High River, Alberta contracted the virus, resulting in at least three deaths. SEIU Healthcare, a union representing front line workers, asked police to investigate after three personal care attendants died from COVID-19, which they had contracted at work. Occupational health and safety law is intended to ensure that workplaces are safe, but not many lawyers have any familiarity with it. Few law schools offer dedicated occupational health and safety courses, while in some others OHS may be touched upon in a related course, but in most the topic is entirely absent from the curriculum. This session aims to provide law professors teaching in adjacent areas of law (e.g., labour & employment; business associations law) with knowledge and strategies for incorporating basic occupational health and safety law into their courses.
The goals of this session are two fold:
- To provide law professors with a primer on occupational health and safety law, so that they feel more comfortable incorporating it into their classes, and
- To provide law professors with space to consider where and how they might incorporate materials on occupational health and safety into their courses.
Anna Lund (Moderator), Associate Professor at University of Alberta, Faculty of Law
Eric Tucker (Presenter), Professor at Osgoode Hall Law School, York University
Eric Tucker will deliver the primer on occupational health and safety law. Eric Tucker has published extensively on occupational health and safety law and teaches a dedicated seminar on the subject at Osgoode Hall Law School. His primer will cover the following questions
- What are the key policy goals of occupational health and safety law? What are the big ideas that illuminate this area?
- What are key sources of occupational health and safety law? What resources could a law professor draw on to learn more about it?
- Why is it important for students to understand occupational health and safety law? In what circumstances will they encounter it in practice?
- What are some of the new and current questions in occupational health and safety law and scholarship?
Attendees at this session will be invited to take part in a mapping exercise.
First, they will be asked to identify where they may already be covering occupational health and safety law in their courses.
Next, they will be invited to consider where they might try to incorporate it more substantively in future iterations of their course.
Workshop Wednesdays: July 6 2022 12PM Eastern
The Open Casebook Revolution
Please register in advance for this meeting by clicking here. After registering, you will receive a confirmation email containing information about joining the meeting. |
The open access law book “revolution” (as named by The Faculty Lounge), is gaining momentum. Open access law books are materials compiled and edited for law students, practitioners and/or the public that are freely hosted on websites and as downloadable, searchable, printable, mark-up-able PDFs. In the United States, dozens of open access law casebooks are popping up on platforms such as SSRN, Open Textbook Library, eLangdell and H2O.
In Canada, CanLII hosts Professor Beswick’s casebook, Tort Law: Cases and Commentaries, and Messrs
Fiddick and Wardell’s handbook, The CanLII Manual to British Columbia Civil Litigation. These materials are freely available alternatives to commercial cas
ebooks and handbooks, which are typically expensive, heavy, and have a short shelf-life.
Open access law books have clear practical, pedagogical and societal advantages. On the practical side, compared to commercial alternatives, open access books are simpler to edit, faster to publish, easier to update, and free. On the pedagogical side, they empower flexibility and innovation. They can be more readily structured to suit the editor’s teaching aims. They can link to podcasts 🎧, videos 📺, blogs, news, articles, books, and judgments. Readers can keyword search and highlight text. Students don’t break their backs carrying them. They can also be integrated with quizzes and exam exercises. On the social side, open access legal materials advance access to justice. Commercial materials are often beyond the reach of the public and, in some cases, students.
Open access legal publications help to keep the law accessible.
This roundtable will appraise and praise the practical, pedagogical and societal benefits of open access law books for law teachers, students and lawyers. We will begin by taking 10 minutes each to highlight the design innovations of our respective books and the impact we see them having.
We will then discuss among ourselves and with attendees the tricks and challenges for making such materials. We hope to encourage others to venture into creating open access casebooks, handbooks and other resources for students and curious members of the public.
Sarah Sutherland (session chair), President and CEO, Canadian Legal Information Institute
- Samuel Beswick, Assistant Professor, Peter A. Allard School of Law, University of British Columbia (presentation slides)
- John Fiddick, Director, Whitelaw Twining.
- Cameron Wardell, Partner, Mathews, Dinsdale & Clark LLP