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Articles 1 - 15 of 15
Full-Text Articles in Entire DC Network
Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams
Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams
Dalhousie Law Journal
History occupies a central place in aboriginal rights litigation. As a result, the circumstances and characters of the distant past play crucial roles in the adjudication of aboriginal treaty, rights and title claims. One such character is Jonathan Belcher. the first chief justice and former lieutenant governor of Nova Scotia. In 1762, Belcher issued a Proclamation reserving the north-eastern coast of Nova Scotia (and what Is now the eastern coast of New Brunswick) for the Mi'kmaq. In R. v Bernard, the accused pleaded a right to log timber on Crown land on the basis of Belcher's Proclamation. This article argues …
An Unashamed Majoritarian, James Allan
An Unashamed Majoritarian, James Allan
Dalhousie Law Journal
The author a Canadian teaching in Australia, challenges what he regards as the prevailing Canadian orthodoxy, one that he thinks gives the unelected judiciary too much power. He challenges the perception that rights, however understood and though fully supported, necessitate the construction of anti-majoritarian protections such as the Canadian Charter of Rights and Freedoms. Knowing that the Charter is here to stay he concludes by urging judges to adopt methods of interpretation that build in a much greater degree of deference to the legislature.
I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig
I Do' Kiss And Tell: The Subversive Potential Of Non-Normative Socialsexual Expression From Within Cultural Paradigms, Elaine Craig
Dalhousie Law Journal
Using a comparative analysis of the equality movements of sexual minorities in Canada and India the author identifies a symbiosis between the subversive benefits of a deconstructionist approach to equality and the practical achievements to be gained by a rights-based model of social justice. The analysis is conducted through an examination of the role that the expression of same-sex desire plays in the legal and social positions of sexual minorities in Canada and India The author argues that the acquisition of rights can provide sexual minorities with greater access to dominant cultural rituals and that such access provides opportunities to …
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright
University of Richmond Law Review
No abstract provided.
Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp
Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp
University of Richmond Law Review
No abstract provided.
Communicating Entitlements: Property And The Internet, William Hubbard
Communicating Entitlements: Property And The Internet, William Hubbard
All Faculty Scholarship
No abstract provided.
Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre
Judicial Recognition Of The Interests Of Animals - A New Tort, David Favre
ExpressO
This article seeks to explore a simple but profound question. How should our legal system deal with the claims of animals for protection against harms inflicted by humans? Rather than a comparative rights analysis as used by some writers, this article will use the non-comparative approach based upon an interest analysis. The short answer is that our legal system can and should do what it always has done, balance the interests of competing individuals in a public policy context, always seeking to strike an ethically appropriate balance. It will be shown that the legislative branch of our government presently promotes …
Defining "Public Justice" In A Pluralistic Society: Probing A Key Neo-Calvinist Insight, Jonathan Chaplin
Defining "Public Justice" In A Pluralistic Society: Probing A Key Neo-Calvinist Insight, Jonathan Chaplin
Pro Rege
No abstract provided.
Public Shoreline Access In Maine: A Citizen's Guide To Ocean And Coastal Law, John Duff, Cheryl Daigle
Public Shoreline Access In Maine: A Citizen's Guide To Ocean And Coastal Law, John Duff, Cheryl Daigle
Maine Sea Grant Publications
While Maine boasts thousands of miles of coastline, only a small portion of the state's beaches is publicly owned. But even where coastal property is privately owned, the public still has legal rights to intertidal land for certain traditional uses; many Mainers are familiar with the phrase 'fishing, fowling, and navigation.' This document summarizes the history of several key lawsuits highlighting rights to shoreline access in Maine, and also discusses options for securing public access to the Maine coast.
When Conflicting Rights Collide: Dealing With Sexually Aggressive Students With Disabilities, P. Tyson Bennett
When Conflicting Rights Collide: Dealing With Sexually Aggressive Students With Disabilities, P. Tyson Bennett
Saint Louis University Public Law Review
No abstract provided.
Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis
Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
Trafficking in persons, the illegal and highly profitable recruitment, transport, or sale of human beings into all forms of forced labor and servitude is a tragic and complex human rights abuse.
Positively Identifying Children As Citizens: A Call For Parallel Due Process Rights, Margot Elizabeth Rudy
Positively Identifying Children As Citizens: A Call For Parallel Due Process Rights, Margot Elizabeth Rudy
UNLV Retrospective Theses & Dissertations
This work addresses the need for parallel due process rights for children by investigating the nature of juvenile welfare policies that affect abused and neglected children by focusing on the Adoption Safe Families Act. Upon the settlement of the U.S., common law from England, known as parens patriae, has governed the juvenile justice system. This common law has recognized children are indeed a State interest and that a child is a different type of citizen than an adult. Because children are dependant on their parents and not seen as full-fledged citizens, the State has assumed the responsibility of ensuring that …
Adjusting Rights And Balancing Values, T. M. Scanlon
Adjusting Rights And Balancing Values, T. M. Scanlon
Fordham Law Review
No abstract provided.
Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analysis Of The Doctrine In Its Current Form, Woodrow Hartzog
Faculty Scholarship
The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Due Process Denied: Judicial Coercion In The Plea Bargaining Process, Richard Klein
Scholarly Works
No abstract provided.