CONFERENCE PROCEEDINGS

Presentations and papers are posted in chronological order in this section. We keep publishing documents as we receive them.

[Conference program]

SESSION DESCRIPTIONS

Session 1 Free access to law: impact on emerging countries 09:25 - 10:40 Thursday October 25, 2007
Over the last few years, there has been a considerable increase in the number of development projects promoting free access to law in emerging countries. This session is designed to assess the real impact of free access to law in those countries. Project leaders will briefly present their achievements as well as the challenges they are facing. The session will end with a roundtable discussion bringing project leaders together with various representatives from development agencies.

Available documents:

  • Lenore Hamilton
    • Presentation of PacLII [PPT]
Barthélémy Kéré
JuriBurkina, LII in Burkina Faso
Miguel Juston
PacLII – LII in Pacific Islands
José Leopoldo Vega Correa
Departamento de Informatica Juridica, Mexico
Ivan Mokanov
LexUM, Canada
Mariano Magsalin
LawPhil, Philippines
Mariya Badeva-Bright
SAFLII, South-Africa
Kerry Anderson
SAFLII, South Africa

Session president: Ivan Mokanov
Session 2 Panel: Financing bodies' take on free access to law development projects 11:00 - 12:15 Thursday - October 25, 2007
Over the past few years, a substantial amount of investment has been made with the goal of helping developing countries through the strengthening of their legal and judicial institutions. What place does access to legal information have in the reinforcement of democracy and the rule of law? What role can those who promote free access to law play in the legal and economic developement of emerging countries? What are the challlenges involved in the transfer of information technologies and know-how? All these questions and many more will be up for discussion and commentary between the panelists and with the audience.

Available documents:

  • Khaled Fourati
    • Accès libre au droit en Afrique de l'Ouest (french only) [PPT]
Stéphane Roberge
CIDA, Canada
Pierre-Paul Lemyre
LexUM, Canada
David Satola
World Bank
Amadou Diallo
Organisation internationale de la Francophonie
Khaled Fourati
IDRC

Session president: Pierre-Paul Lemyre
Session 3 New media, new doctrines 14:00 - 16:00 Thursday - October 25, 2007
The definition of secondary legal material, in other words, doctrine, is in itself a debated topic: what makes a text a doctrinal source? Recent developments on the Web fuel this old debate. What is doctrine today? Is it the same it was in the past, consisting in legal treatises and law journal papers? What about self-published papers and blogs, posted by lawyers and Law professors, Wikipedia articles and other collaborative works? This session will bring together legal technologists as well as old- and new-style authors.

Available documents:

  • Hughes-Jehan Vibert
    • Dynamique connective, wikis et internet juridique : nouvelle doctrine ou autres finalités ? (french only) [PDF]
  • Vincent Gautrais
    • Droit + e-éducation 2.0 (french only) [PPT]
Olufunmilayo B. Arewa
Northwestern University, USA
Michael Geist
University of Ottawa, Canada
Graham Greenleaf
AustLII, Australia
Vincent Gautrais
University of Montreal, Canada
Hughes-Jehan Vibert
ÉRID, France

Session president: Graham Greenleaf
Session 4 Panel: New doctrines, new channels 16:15 - 17:15 Thursday - October 25, 2007
Free access to primary legal material (caselaw and legislation) inevitably involves a restructuration of the commercial market of judicial publication. Will increasingly free access to doctrine trigger the same effect? If so, will these changes be to the Law and end users' advantage? Is the economy of secondary materials production at stake? Connie Crosby
WeirFoulds LLP, Canada
Darrel Pink
CanLII, Canada
Daniel Poulin
LexUM, Canada
Karim Benyekhlef
CRDP, Canada
Peter Martin
Cornell Unviersity, USA

Session president: Daniel Poulin
Session 5 Panel: Access to Judgments 08:00 - 09:15 Friday - October 26, 2007
In this session, members of the Canadian judiciary and representatives of the free access to law movement will discuss access to decisions. A model policy adopted in September 2005 by the Canadian Judicial Council and proposed to Canadian courts states that the public's right to transparent justice is an important constitutional rule and that it generally outweighs the equally fundamental right to privacy (CJC, Model Policy for Access to Court Records in Canada, Ottawa, 2005). However, reconciling the principles of transparency and respect for privacy is a constant challenge for Canadian courts and tribunals, particularly in family law. The stakes are in no way local; in all countries, the expansion in dissemination of law requires a reconciliation of the values of transparency and privacy.

Available documents:

  • Frédéric Pelletier
    • L'accès aux jugements / Access to Judgments [PPT]
  • Kerry Anderson
    • The Southern African Legal Information Institute (SAFLII) - Achievements & Challenges [PDF]
    • Balancing Privacy Rights with Accessibility [PPT]
Darrel Pink
CanLII, Canada
J. René de la Sablonnière
Court of Quebec, Canada
Frédéric Pelletier
LexUM, Canada
Kerry Anderson
SAFLII, South Africa
J. David MacAdam
Nova Scotia Supreme Court, Canada
Joe Ury
BAILII, United Kingdom
J. Garrett A. Handrigan
Supreme Court of Newfoundland and Labrador, Canada
Daniel Champagne
SOQUIJ, Canada

Session president: Frédéric Pelletier
Session 6 Legal Information Overload 09:15 - 10:45 Friday - October 26, 2007
Information abounds. The number of websites seems to be growing exponentially. Blogs and pages on social networking sites such as Facebook, MySpace and other Xangas continue to increase. Today, there is an overabundance of information in all domains, including the legal one. An excess of legal information is not, however, a completely new evil. Scholars in the nineteenth century often decried the number of decisions published. A century later, all decisions, even the most routine, are published. The end result is that lawyers, notaries, judges and citizens are confronted with an enormous amount of legal information. Given the unlikelihood of any change in the situation, there is a great need to harness this information before it gets out of hand. The topic will be examined from a number of different angles: that of the judge and the no-citation rules aimed at reducing the amount of invoked case-law, that of the lawyer, notary and researcher as well as that of information systems specialist. The insights resulting from this multi-disciplinary approach will undoubtedly contribute to a deeper understanding of the problem and point towards some possible solutions.

Available documents:

  • Catherine Best
    • Everything Old Is New Again: the Proliferation of Case Law and Whether There Is a Remedy [PDF]
  • Graham Greenleaf
    • Data Mining Free Access to Law for Doctrine [PPT]
J. Richard G. Mosley
Federal Court of Canada, Canada
Thomas R. Bruce
Cornell University, USA
Catherine Best
Boughton Law Corporation, Canada
Graham Greenleaf
University of New South Wales-AustLII, Australia
Marc-André Morissette
LexUM, Canada
Ivan Mokanov
LexUM, Canada









Session president: Ivan Mokanov
Session 7A Free access to law: Technical challenges and solutions 11:00 - 12:30 Friday - October 26, 2007
Legal information experts present their recent projects. Practical challenges encountered while developing access to legal information will be at the centre of this more technical session designed specifically for participants with strong interest in the latest technological developments, information architecture and information sciences in general. Marc-André Morissette
LexUM, Canada
Donna Buckingham
NZLII, New Zealand
Andrew Mowbray
AustLII, Australia
Philip Chung
AustLII, Australia

Session president: Donna Buckingham
Session 7B Free access to law: New Initiatives 11:00 - 12:30 Friday - October 26, 2007
The various initiatives taking place in West Africa as well as the work being done in South America and Latin America have breathed new life into the circulation of law. This session will both demonstrate the quality and depth of the work being done in the field and show us some of the difficulties encountered when attempting something new.

Available documents:

  • El Hadji Malick Ndiaye & Amavi Tagodoe
    • Les expériences africaines de la diffusion libre du droit sur Internet : bilan et perspectives ? (french only) [DOC]
  • Mariya Badeva-Bright
    • Challenges to Building a Legal Information Network in Africa [PPT]
Barthélémy Kéré
JuriBurkina, Burkina Faso
Carlos Gregorio
Instituto de Investigacion para la Justicia, Argentine
El Hadji Malick Ndiaye / Amavi Tagodoe
SenLex, Canada
Mariya Badeva-Bright
SAFLII, South-Africa

Session president: Barthélémy Kéré
Session 7C Free access to law: formalization and modelization 11:00 - 12:30 Friday - October 26, 2007
Tomorrow's innovations are foreshadowed in some of the more theoretical papers which aim to better understand the challenges of textual legal material. The creation of multilingual legal information systems, the move towards a legal semantic Web, formal languages for the description of legal documents, all of these issues are of great importance for those who wish to catch a glimpse of the future of legal information systems.

Available documents:

  • Ginevra Peruginelli & Enrico Francesconi
    • A Semantic Modeling Approach for the Retrieval of Legislation and Doctrine: an Italian Experience [PPT]
Ginevra Peruginelli / Enrico Francesconi
ITTIG, Italy
Lenore Hamilton
PacLII, LII in Pacific Islands
Monica Palmirani
University of Bologna, Italy

Session president: Lenore Hamilton
Session 8A Preserving the past and present for the future 13:45 - 15:00 Friday - October 26, 2007
Long-term preservation of legal material is a key issue. Some initiatives aim for preservation of pre-digital documents, while others strive to ensure the safekeeping of born digital documents. While preservation of pre-digital documents raises a number of questions with regard to their conversion into digital form, preservation of born digital documents presents a challenge owing to their transient and volatile nature. The goal of this session is to identify the challenges faced by institutions involved in digitalizing, managing and archiving large volumes of legal documents. These preservation tasks will also be examined with a view to furthering open access to law.

Available documents:

  • Georges André Silber
    • XML pour les documents juridiques : un état des lieux / XML for Legal Documents: a State of the Art [PDF]
  • Sandra Wilkins
    • British Columbia Legal History Digitization Project [DOC]
Ingrid Parent
Library and Archives Canada
Rosalie Fox
Supreme court of Canada
Sandra Wilkins
University of British-Columbia, Canada
Janine Miller
CanLII, Canada
Georges André Silber
School of Mines, France

Session president: Rosalie Fox
Session 8B The rise of technologies in Canada's judicial system: challenges and solutions 13:45 - 15:00 Friday - October 26, 2007
Legal documents take on a standard form: one judgment looks like the next and statutes resemble each other. It's possible to infer formal models that can express these regularities. It's equally possible to define specifications in advance for new legal documents. Standardizing the form of documents, processes, interfaces, forms and data sharing is also conceivable. Achieveing all of this is of great importance if we wish to take full advantage of new information technologies.
In Canada, the Canadian Judicial Council's Judges Technology Advisory Committee (JTAC) has created number of such norms. The Canadian citation committee and LexUM are together another source of these standards. The Canadian Centre for Court Technology initiative as well as the establishment of the E-discovery Canada Group are also signs of new developments in this field. Participants in these projects will discuss the options that are available in Canada in these matters.

Available documents:

  • Dominic Jaar
    • Les principes régissant l'administration de la preuve électronique (french only) [PPT]
  • Frédéric Pelletier
    • La normalisation technique pour le monde judiciaire : obtenir des bénéfices sans subir la contrainte (french only) [PPT]
Dominic Jaar
Bell Canada
Frédéric Pelletier
LexUM, Canada
Véronique Abad
LexUM, Canada
J. René de la Sablonnière
Senior associate cheif justice, Court of Quebec










Session president: Véronique Abad
Session 9 Panel: Are users' needs being met? 15:15 - 16:15 Friday - October 26, 2007
The Conference will end with an interactive plenary session bringing together many of the speakers, representatives of various groups of users and the audience. Chaired by the Conference host, the plenary session will give everyone the opportunity to state their lessons learned, their wishes and concerns. The session will include plenty of time for questions and comments from the public. Thomas R. Bruce
Cornell University, USA
Carole Curtis
Lawyer from Ontario, Canada
Nathalie Roy
ÉducaLoi, Canada
Ivan Mokanov
LexUM, Canada
Isabelle Pilon
CAIJ, Canada
Andrew Mowbray
AustLII, Australia

Session president: Thomas R. Bruce

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