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Child Pornography In Canada And The United States: The Myth Of Right Answers, Travis Johnson Oct 2006

Child Pornography In Canada And The United States: The Myth Of Right Answers, Travis Johnson

Dalhousie Law Journal

Child pornography is an increasing worldwide concern and is one of the most active fronts in the ongoing battle between freedom of expression and public safety and morality. In 2005, the child pornography provisions of the Canadian Criminal Code were amended in response to the controversial decision of the Supreme Court in R. v. Sharpe. Similar legislative response has occurred in the United States following the U.S. Supreme Court decision inAshcroft v. Free Speech Coalition. A comparative examination of the legislative and judicial treatments of the issue of child pornography in these countries reveals that despite reaching differing rights-balancing positions, …


Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer Apr 2006

Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew Sr Palmer

Dalhousie Law Journal

This article assesses the comparative effectiveness of constitutional protection of indigenous rights in Canada and New Zealand using a perspective of "constitutional realism". The two constitutions offer a useful contrast of similar systems distinguished by distinctly contrasting directions over the past twentyfive years. The reality of Canadas constitutional development has seen more power accrue to the judicial branch of government. The reality of New Zealand's constitutional development has seen more power accrue to the political branches ofgovernment. The article considers the reality of the behaviour of these branches of government in each jurisdiction in relation to indigenous rights. It finds …


The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam Jan 2006

The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam

ILSA Journal of International & Comparative Law

The complex and transboundary nature of current environmental problems has turned them into global issues that intricately link ecology, economics and politics.


Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss Jan 2006

Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss

ILSA Journal of International & Comparative Law

I'm Andrew Strauss and welcome to our panel: "Is International Law a Threat to Democracy?" We are lucky this afternoon to have with us a very esteemed and ideologically diverse panel.


Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss Jan 2006

Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss

NYLS Law Review

No abstract provided.