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The Legislature, The Executive And The Courts: The Delicate Balance Of Power Or Who Is Running This Country Anyway?, A Wayne Mackay

Dalhousie Law Journal

The expanding role of Canadian courts since the introduction of the Charter has prompted critics to decry what they see as excessive and "anti-democratic" judicial activism. The author addresses such criticisms, responding, in particular, to the arguments of Ted Morton and Rainer Knopff. The article critiques the basic elements of Morton/Knopf's thesis: that activist courts are anti-democratic, excessively political, and engaging in illegitimate law-making. Rejecting the claim that Canada's judiciary is a less democratic state institution, the author notes the powerful law and policy-making role performed by the federal cabinet-for practical purposes, an unelected body. The author endorses the dialogue …

Army Transformation: A Tale Of Two Doctrines, David Jablonsky

The US Army War College Quarterly: Parameters

No abstract provided.

Science-Policy Disputes: Resolution Through Data Mediation, Erik S. Knutsen

Journal of Dispute Resolution

It is the aim of this article to propose a novel system of dispute resolution for disputes which turn on interpretations of complex but uncertain scientific evidence. Part II identifies a specific subset of legal disputes that can only be resolved through policy judgments from ambiguous scientific data. Recognizing the underlying commonalities of these science-policy disputes offers an opportunity to craft a single dispute resolution mechanism which may be utilized for a wide variety of disputes. Part III outlines the benefits of using a mediation-based dispute settlement mechanism, as opposed to the traditional adversary-style litigation system, for these specific types …

Earning And Caring: Demographic Change And Policy Implications, Roderic Beaujot

PSC Discussion Papers Series

Seeking to define families as groups of people who share earning and caring activities, we contrast theoretical orientations that see advantages to a division of labour or complementary roles, in comparison to orientations that see less risk and greater companionship in a collaborative model based on sharing paid and unpaid work, or co-providing and co-parenting.

It is important to look both inside and outside of families, or at the changing gendered links between earning and caring, to understand change both in families and in the work world. It is proposed that equal opportunity by gender has advanced further in the …

Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand

Dalhousie Law Journal

Canada's Oceans Act, now five years old, is a ground-breaking piece of legislation in marine law which provides a framework for the development of a national oceans strategy, integrated planning and management, and institutional responsibilities. In this article, the authors review the Act and its issues and argue that the uncertainties found there provide opportunities for participants in the Atlantic Canada offshore oil and gas industry to influence the development of an oceans policy, legal and institutional framework that accommodates all interests.

Crime, Punishment And Penal Policy, Ian O'Donnell

Irish Journal of Applied Social Studies

Academic interest in crime and punishment in Ireland has grown in recent years and a number of important books have appeared (Bacik and O'Connell 1998, Brewer et al 1997, McCullagh 1996, O'Mahony 1993, O'Malley 2000). However any attempt to create a detailed understanding of the criminal justice process is frustrated by a lack of data. Statistical information is often published years in arrears, is of poor quality and is uncritically accepted as accurate and meaningful. The purpose of this paper is to give a snapshot of current understanding of the criminal justice system and to highlight a small number of …

The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.

Fordham Journal of Corporate & Financial Law

No abstract provided.

But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White

Fordham Journal of Corporate & Financial Law

No abstract provided.