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Articles 1 - 4 of 4
Full-Text Articles in Law
Looking For Cover: A Public Choice Critique Of The Canadian Debit Card Code, Muharem Kianieff
Looking For Cover: A Public Choice Critique Of The Canadian Debit Card Code, Muharem Kianieff
Law Publications
This paper compares and contrasts American and Canadian efforts to regulate debit cards. The paper begins by outlining significant differences between the two approaches arguing that Canadians do not enjoy the same level of protection as do their American counterparts with respect to its provisions governing unauthorized transactions, dispute resolution and its enforcement mechanisms. The question is then asked as to why this is the case and the paper examines the two legal regimes through an institutions affirming public choice lens. The paper suggests that the more concentrated nature of the financial services industry in addition to its desire to …
Dialogues About The Burden Of Proof, Henry Prakken, Chris Reed, Douglas Walton
Dialogues About The Burden Of Proof, Henry Prakken, Chris Reed, Douglas Walton
CRRAR Publications
This paper analyses the phenomenon of a shift of the burden of proof in legal persuasion dialogues. Some sample dialogues are analysed of types of situations where such a shift may occur, viz. reasoning with defeasible rules, reasoning with argumentation schemes and reasoning with mere presumptions. It is argued that whether a shift in the burden of proof occurs can itself become the subject of dispute and it is shown how a dialogue game protocol for persuasion can be extended to let it regulate persuasion dialogues about the burden of proof. It is also shown that dialogues about the burden …
Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon
Critical Questions In Computational Models Of Legal Argument, Douglas Walton, Thomas F. Gordon
CRRAR Publications
Two recent computational models of legal argumentation, by Verheij and Gordon respectively, have interpreted critical questions as premises of arguments that can be defeated using Pollock’s concepts of undercutters and rebuttals. Using the scheme for arguments from expert opinion as an example, this paper evaluates and compares these two models of critical questions from the perspective of argumentation theory and competing legal theories about proof standardsfor defeating presumptions. The applicable proof standard is found to be a legal issue subject to argument. Verheij’smodel is shown to have problems because the proof stan-dards it applies to different kinds of premises are …
Developments In Administrative Law: The 2004-2005 Term, Laverne Jacobs
Developments In Administrative Law: The 2004-2005 Term, Laverne Jacobs
Law Publications
In this article, the administrative law decisions rendered by the Supreme Court of Canada during the 2004-2005 term are reviewed. These decisions addressed four major issues: i) exclusive and concurrent jurisdiction between competing adjudicative bodies; ii) the right to independent adjudication; iii) standard of review; and iv) expertise and deference. Questions relating to exclusive and concurrent jurisdiction occupied the most significant part of the Supreme Court's administrative law energy during the 2004-2005 term. The author analyzes these decisions on jurisdiction, paying particular attention to the many divides between the members of the Court. She argues that the decisions on jurisdiction …