Boston College Law School
Fordham Law School
University of Minnesota Law School
University of Pennsylvania Law School
Penn State Law
University of Richmond
Paul M. Herbert Law Center of Louisiana State University
Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework,
2017
Singapore Management University
Finding Common Law Duty Of Care From Statutory Duties: All Within The Anns Framework, Chan, Gary Kok Yew
Research Collection School Of Law
This paper examines the relationship between statutory duties and the common law duty of care in the tort of negligence. There are apparently divergent judicial statements on the general approach towards duty of care to be owed by persons under a statutory duty. One central question arises: should the courts treat the common law duty of care as subsisting generally unless it is excluded by the statute or must the plaintiff show that the Parliament intended to confer a private right of action or impose a common law duty? This paper argues that the two approaches may be properly accommodated ...
Policy Comment: Proposals For Ontario's Solar Future,
2017
University of Windsor, Faculty of Law
Policy Comment: Proposals For Ontario's Solar Future, Rashin Alizadeh
Western Journal of Legal Studies
In Ontario, the protection of solar energy is both complicated and limited. In order to take advantage of evolving greener energy sources, and reduce our contribution to global warming, Ontario must better protect solar energy use and solar energy investments. This commentary evaluates the incentives for extending the use of solar technology as part of the Green Energy Act, 2009, SO 2009. The analysis focuses on the relationship between the provincial and municipal governments as it relates to the green energy industry, and the level of public engagement and awareness that is being achieved. Reform to municipal zoning bylaws are ...
Finding A Duty To Consult Aboriginal Peoples During The Negotiation Of Free Trade Agreements (Ftas) And Foreign Investment Promotion And Protection Agreements (Fipas), Katya Lena Richardson
Western Journal of Legal Studies
This article explores whether there is a legal duty to consult with Indigenous groups prior to the ratification of international trade and investment agreements. It considers both the content of the duty to consult and the circumstances under which such a duty is triggered. In doing so, this paper analyzes the arguments of Hupacasth First Nation v Canada, the only case that has been brought to the courts on this issue. Although the Federal Court of Appeal dismissed the Hupacasath First Nation’s claim that the duty to consult extends to negotiations that the federal government enters into with other ...
Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew,
2017
University of Western Ontario, Faculty of Law
Lex Punit Mendacium: Punitive Damages And Bhasin V Hrynew, Eric Andrews
Western Journal of Legal Studies
Punitive damages are a controversial remedy in Canadian and non-Canadian law. Some scholars have gone so far as to argue that punitive damages are entirely inconsistent with the goals and principles of private law and ought to be abolished. Notwithstanding these criticisms, the Supreme Court of Canada has treated punitive damages as a relatively uncontroversial private law remedy. However, the circumstances under which a court will consider awarding punitive damages have evolved with recent Supreme Court decisions. One example is the introduction of the independent actionable wrong requirement in Vorvis v Insurance Corporation of British Columbia. The independent actionable wrong ...
Foreword: The Books Of Justices,
2017
Yale Law School
Foreword: The Books Of Justices, Linda Greenhouse
Michigan Law Review
For this Michigan Law Review issue devoted to recently published books about law, I thought it would be interesting to see what books made an appearance in the past year’s work of the Supreme Court. I catalogued every citation to every book in those forty opinions in order to see what patterns emerged: what books the justices cited, which justices cited which books, and what use they made of the citations. To begin with, I should define what I mean by “books". For the purposes of this Foreword, I excluded some types of reading matter that may have a ...
The Story So Far: Recap And Update On Flo & Eddie,
2017
University of Colorado at Boulder
The Story So Far: Recap And Update On Flo & Eddie, Eric Harbeson
American Music Research Center Faculty Contributions
Reviews recent developments in the ongoing litigation of Mark Volman and Howard Kaylan (aka Flo & Eddie) against digital streaming two digital streaming services, Sirius XM and Pandora. Through pro bono counsel, ARSC has participated in the litigation as amici. The article reports promising developments: the case in New York has been concluded in favor of Sirius XM, while the litigation continues in Florida and California.
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger,
2017
Barry University School of Law
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Barry Law Review
No abstract provided.
Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping,
2017
York University, Osgoode Hall Law School
Protecting Urban Spaces Of Intangible Cultural Heritage And Nighttime Community Subcultural Wealth: A Comparison Of International And National Strategies, The Agent Of Change Principle, And Creative Placekeeping, Sara Ross
Western Journal of Legal Studies
Working towards an equality of differences of a city’s diverse cultures and subcultures requires an examination of the realities of how municipal and provincial legal frameworks governing the city space—such as urban planning policies, zoning decisions, and bylaw enforcement—play out within the microcosm of the everyday neighborhood, where conflicting life patterns must coexist even when they are at odds. Drawing on an urban legal anthropology and urban legal geography methodology assessing the realities of the life of subcultural communities in the city space, this paper’s objective is to explore potential paths towards an equitable regard and ...
You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada,
2017
The University of Western Ontario
You Can't Fire Me: The Problems With Wrongful Dismissal Damages In Canada, Chenyang Li
Western Journal of Legal Studies
The assessment of wrongful dismissal damages in Canadian law has long been governed by the principles established in Bardal v Globe & Mail Ltd. Although this model of analysis has been met with near universal approval in every decision-making forum in Canada, the principles underlying Bardal warrant further discussion. This work focuses on the contractual core of employment disputes and analyzes the interpretive framework for common law claims for wrongful dismissal. It will show that the traditional law of private remedies has been distorted in the context of wrongful dismissal as a result of the wholesale adoption of the Bardal Factors ...
Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law,
2017
Roger Williams University School of Law
Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law, Jonathan M. Gutoff
Law Faculty Scholarship
No abstract provided.
Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law,
2017
Roger Williams University School of Law
Franchise Tax Board Of California V. Hyatt: A Split Court, Full Faith And Credit, And Federal Common Law, Jonathan M. Gutoff
Roger Williams University Law Review
No abstract provided.
Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act,
2017
Roger Williams University School of Law
Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael J. Yelnosky
Roger Williams University Law Review
No abstract provided.
Jailhouse Informants In Canadian Criminal Courts,
2017
Wilfrid Laurier University
Jailhouse Informants In Canadian Criminal Courts, Olena Beshley
Theses and Dissertations (Comprehensive)
Criminal justice systems in Canada and around the world have been established to deal with matters that require attention, punishment, and justice. An important function of criminal justice systems is the evaluation of evidence presented in the court of law. Evidence from jailhouse informants who testify that they have been privy to confessions of crimes is a contentious issue. Much of the scholarly literature available to date on wrongful conviction cases focuses on causes of insufficient and unreliable evidence obtained through different techniques and from different sources. Despite the high number of investigations into wrongful conviction cases, the subject of ...
Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act,
2017
Roger Williams University School of Law
Directv, Inc. V. Imburgia And The Continued Ascendance Of Federal Common Law: Class-Action Waivers And Mandatory Arbitration Under The Federal Arbitration Act, Michael Yelnosky
Law Faculty Scholarship
No abstract provided.
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children,
2017
Mzumbe University
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya
Dignity: A Journal on Sexual Exploitation and Violence
Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...
The Law Of Interpretation,
2017
Duke Law School
The Law Of Interpretation, William Baude, Stephen E. Sachs
Faculty Scholarship
How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.
Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped ...
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments,
2016
Penn State Law
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French
Christopher C. French
Freedom To Mislead: The Fictitious Freedom To Contract Around Fraud Under Delaware Law,
2016
Selected Works
Freedom To Mislead: The Fictitious Freedom To Contract Around Fraud Under Delaware Law, Hao Jiang
Dr. Hao Jiang
The Spirit Of Common Law And The Reform Of Canon Law,
2016
St. John's University School of Law
The Spirit Of Common Law And The Reform Of Canon Law, Ladislas M. Orsy, S.J.
The Catholic Lawyer
No abstract provided.
Lights Hidden Under Bushel's Case,
2016
University of Michigan Law School
Lights Hidden Under Bushel's Case, Thomas A. Green
Book Chapters
Some forty years ago, Charlie Donahue created a course which he titled "Law, Morals and Society." Designed for undergraduates, and situated among the offerings of the University of Michigan's interdisciplinary Medieval and Renaissance Collegium, the course reflected the approach to doing history that, as this volume recognizes, Charlie has followed throughout his long and enormously influential career as scholar, teacher, lecturer, and inepressible master of well-timed interventions during conference-panel discussion periods. "LMS" was composed of four units. Charlie, who taught two of them, led off with the legal basis for the deposition of Richard II; I followed with the ...
