Law Commons^™

Comparing The Naalc And The European Union Social Charter (Transcript), Lance A. Compa

Lance A Compa

This is a transcript of Professor Lance Compa’s presentation to the North American Agreement on Labor Cooperation Conference held in Washington, DC on November 12, 1996 and published in the American University Journal of International Law and Policy. [Excerpt] After all of the excellent comments this morning and so far this afternoon, both from the panelists and from the floor, I am not sure that I can say anything new about the NAALC. So, what I want to do in this intervention is add some comparative discussion with respect to the European Union and the social charter of the European …

The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry

Mark Perry

Many papers in this collection discuss the history and development of Bill C-32, An Act to Amend the Copyright Act, introduced into the Canadian Parliament on 2 June 2010, so that analysis will not be duplicated here. Among the failures of copyright reform has been the lack of addressing the required “balancing” of proprietary rights on the one hand, with user rights and the public domain on the other. Rights Management Information (RMI) can aid in this balancing. The RMI of a work is simply data that provide iden- tification of rights related to that work, either directly or indirectly. …

Judicial Independence In Light Of The Basic Principles On The Independence Of The Judiciary: Who Has The Right Idea?, Ubaid Ul-Haq

Ubaid ul-Haq

Judicial independence is a crucial component inherent in the proper and effective administration of any government. Critical to this doctrine is the larger requirement of a separation of powers, which must be established before attempting to affect any concept of judicial independence. Judicial independence essentially represents a judiciary’s ability to render decisions free of improper influences, both internal and external. The United Nations has set forth a minimum standard of judicial independence with which States should seek to comply in order to protect civil liberties and in a greater sense, human rights. Evaluating the jurisdictions of Canada, Jamaica, and the …

Judicial Independence In Light Of The Basic Principles On The Independence Of The Judiciary: Who Has The Right Idea?, Ubaid Ul-Haq

Ubaid ul-Haq

Judicial independence is a crucial component inherent in the proper and effective administration of any government. Critical to this doctrine is the larger requirement of a separation of powers, which must be established before attempting to affect any concept of judicial independence. Judicial independence essentially represents a judiciary’s ability to render decisions free of improper influences, both internal and external. The United Nations has set forth a minimum standard of judicial independence with which States should seek to comply in order to protect civil liberties and in a greater sense, human rights. Evaluating the jurisdictions of Canada, Jamaica, and the …

Environmental Mitigation Aspects Of Water Resources In Geothermal Development: Using A Comparative Approach In Building A Law And Policy Framework For More Sustainable Water Management Practices In Canada, Kamaal Zaidi

Kamaal Zaidi

This paper examines environmental mitigation measures for water resources in the context of geothermal energy development among selected jurisdictions of the United States and New Zealand in the hopes of recommending a law and policy framework in Canada. These common law jurisdictions are chosen to reveal advances in the emerging area of geothermal law and policy. First, the geothermal energy process is explained, followed by a discussion of the legal aspects of geothermal energy development. Second, the benefits of geothermal law and policy are assessed from the experiences of the U.S. and New Zealand in terms of environmental mitigation measures …

Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, Anthony C. Infanti

Anthony C. Infanti

The debate in the United States over individual versus joint federal income tax filing is at something of a crossroads. For decades, progressive — and, particularly, feminist — scholars have urged us to abolish the joint return in favor of individual filing. On the rare occasion when scholars have described what such an individual filing system might look like, the focus has been on the ways in which the traditional family must be accommodated in an individual filing system. These descriptions generally do not take into account — let alone remedy — the tax system’s ongoing failure to address the …

What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson

Stepan Wood

This Article examines the history of Canadian environmental law to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic, and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced …

New Zealand's Approach To Dishonesty, Alex Steel

Alex Steel

This is an updated and abridged version of an earlier article "The Meanings of Dishonesty in Theft" Common Law World Review 38 (2009): 103-136( http://works.bepress.com/alex_steel/17) . It compares New Zealand, English, Canadian and Australian meanings of dishonesty in theft.

2010 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn