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Articles 1 - 4 of 4
Full-Text Articles in Law
A Matter Of Motive: Malice In The Law Of Torts In The Age Of Connectivity, Greg Bowley
A Matter Of Motive: Malice In The Law Of Torts In The Age Of Connectivity, Greg Bowley
Dalhousie Law Journal
To meet the challenges posed by the novel modes of interpersonal relationships of contemporary society, Canadian tort law must develop a general principle of liability for the intentional infliction of harm. This principle would recognize the normatively-significant common thread of the wrongdoer’s intention to cause harm to another person in phenomena as varied as doxing, swatting, revenge porn, cyberstalking, impersonation, trolling, and harassment. The recent development of discrete, context-specific torts in response to problematic social media conduct is an inherently limited approach to novel interpersonal conduct. However, it also offers an opportunity for the enunciation of a general principle of …
The Creator And The Benefits Of Creation: Protection Of Software In The Information Revolution, Martin Kratz
The Creator And The Benefits Of Creation: Protection Of Software In The Information Revolution, Martin Kratz
Dalhousie Law Journal
Mankind is presently passing through a technological revolution unlike anything seen in any prior era. In a world where the total mass of man's knowledge doubles in less than two years' information has become an increasingly valuable commodity. Similarly, the means by which information is manipulated has become evermore important. The development of the computer 2 has been the catalyst of this information revolution as it has freed man from many time consuming and monotonous tasks. The development of the computer industry has been phenomenal. 3 It has gone from its infancy in the late 1940's to a stage where …
Language, Communication, Computers And The Law, R. A. Samek
Language, Communication, Computers And The Law, R. A. Samek
Dalhousie Law Journal
There is an old story about a drunken man who is looking for an object under a street light. A policeman asks him what he is looking for. "It is my keys", he says. "Did you lose them here?" "No, over there.'" "Why then are you looking for them over here?" "Because I can see here", is the man's reply. The real significance of this story is very different from what it appears. It is not the man who is foolish but the policeman. We can only look for something from where we can see it. The alternative is to …
Computer Retrieval – Drawing The Line?, Paul Thomas
Computer Retrieval – Drawing The Line?, Paul Thomas
Dalhousie Law Journal
The Master of the Rolls in England, Sir John Donaldson, said recently that he feared the use of a proliferation of useless materials from computers in presentations before the Court. He was probably echoing what Lord Diplock had to say for the House of Lords in Roberts Petroleum Ltd. v. Bernard Kenny Ltd. (in liquidation).1 In a lengthy per curiam speech, Lord Diplock in that case commented on the use sought to be made in the House of Lords and the Court of Appeal of previous unreported Court of Appeal judgments. The transcripts of shorthand notes of oral judgments rendered …