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Protecting Identity By Ignoring It? A Critical Look At The French And Rwandan Paradoxes, Frédéric Mégret Oct 2015

Protecting Identity By Ignoring It? A Critical Look At The French And Rwandan Paradoxes, Frédéric Mégret

Dalhousie Law Journal

This article seeks to critically examine political and legal practices of "racial blindness" by comparing two countries that have most enthusiastically embraced it as an official policy and even ideology: France and Rwanda. By highlighting the differences but also the significant commonalities between the two, it seeks to dynamically emphasize their explicit and implicit construction of race and ethnicity The case for racial blindness is first presented in the terms in which it is largely understood in those countries, and taken seriously as an effort to deal with their unique legacies and political circumstances, notably as part of a desire …


Privacy Protection For Mobile Health (Mhealth) In Nigeria: A Consideration Of The Eu Regime For Data Protection As A Conceptual Model For Reforming Nigeria's Privacy Legislation, Olufunke Olawumi Salami Jan 2015

Privacy Protection For Mobile Health (Mhealth) In Nigeria: A Consideration Of The Eu Regime For Data Protection As A Conceptual Model For Reforming Nigeria's Privacy Legislation, Olufunke Olawumi Salami

LLM Theses

The use of mobile technologies to provide and deliver healthcare is known as Mobile Health. Nigeria is one of the countries witnessing a profound use of these technologies. While discussions have focused on the potentials of this technologies to address the challenges in the health system, nothing is said about the risks from unauthorized disclosure or misuse of health information provided by users. This becomes worse when Nigeria's laws do not offer adequate protection. As Mobile Health is a novelty to Nigeria, this thesis looks to relevant international standards on privacy protection. It does this by examining the European regime …


Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé Jan 2015

Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé

Articles, Book Chapters, & Popular Press

This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.


Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault Jan 2015

Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault

Articles, Book Chapters, & Popular Press

Presentation at the Private Use in EU Copyright Law Seminar, Adam Mickiewicz University in Poznań, Poland.


The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney Jan 2015

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney

Articles, Book Chapters, & Popular Press

Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …


Conflict Of Laws Aspects In Same-Sex Relationships In Africa: A Comparative Study, Solomon Frimpong Amoateng Jan 2015

Conflict Of Laws Aspects In Same-Sex Relationships In Africa: A Comparative Study, Solomon Frimpong Amoateng

LLM Theses

Same-sex relationships will likely be in violation of the laws of most African countries. In Nigeria, Ghana and Kenya, a same-sex relationship is either explicitly prohibited or there is legislation which can be interpreted to prohibit the union. However, the growing trend of the institutionalization of same-sex marriage around the world means that even countries that do not domestically recognize same-sex relationships may be confronted with the challenge of dealing with it in a conflict of laws context. The discussion shows that the strict application of the rule of non-recognition, where the court gives no legal effect to a foreign …


The Proportionality Standard And Constitutional Culture: A Comparative Analysis Of Rights Adjudication In Canada And The French Republic, James Peter Barry Jan 2015

The Proportionality Standard And Constitutional Culture: A Comparative Analysis Of Rights Adjudication In Canada And The French Republic, James Peter Barry

LLM Theses

It has been suggested that the migration of proportionality as a standard of constitutional review is bringing about a degree of convergence in rights norms across common and civil law jurisdictions. While scholars have noted its potential to shape rights norms in legal systems into which it is incorporated, few have analysed the ways in which proportionality is affected by the constitutional culture in which it is received. This thesis is a comparative analysis of the application of proportionality in Canada and the French Republic. It sheds light on the extent to which the operation of that standard is affected …


Sex Work And The City: Creating Municipal Licensing Regimes For Brothels, Maria K. Powell Jan 2015

Sex Work And The City: Creating Municipal Licensing Regimes For Brothels, Maria K. Powell

LLM Theses

The debate over how to regulate sex work in Canada has long occupied courts, governments, policymakers, sex workers and activists. In the aftermath of the Supreme Court decision in Bedford v Canada and the enactment of the constitutionally suspect Protection of Communities and Exploited Persons Act, this thesis examines municipal law's potential role in regulating brothels. Municipalities already grant licenses to adult service providers, the licensing of brothels is a natural extension of their powers. The current licensing regimes are in need of reform, both for adult services and before any attempts to license brothels. This thesis uses New Zealand …