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Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple 2017 University of Windsor, Faculty of Law

Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple

Law Publications

In common law Northern Europe and in Australasia, a wave of reform has been transforming legal services regulation since roughly 1980. Old structures and approaches, based on the principles of professionalism and lawyer independence, are being replaced in these jurisdictions by new ones that prioritize competition and consumer interests. In the United States this has conspicuously not happened, leaving intact a regulatory approach whose broad outlines have changed little in the past 100 years.

Thus, I have argued that the legal services regulatory regimes of the common law world today are bifurcated into (i) a competitive-consumerist paradigm apparent in the ...


Market Mechanisms In Environmental Law, Sanja Bogojevic 2016 Lund University

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan 2016 Florida State University

Secession And Federalism In The United States: Tools For Managing Regional Conflict In A Pluralist Society, Erin Ryan

Erin Ryan

This volume, incorporating the work of scholars from various parts of the globe, taps the wisdom of the Westphalian (and post-Westphalian) world on the use of federalism and secession as tools for managing regional conflict.  The conversation has scarcely been more important than it is right now, especially in light of recent events in Catalonia, Scotland, Québec, and the Sudan—all unique political contexts raising similar questions about how best to balance competing claims for autonomy, interdependence, political voice, and exit.  Exploring how various nations have encountered like conflicts, some more and some less successfully, promises to broaden the perspectives ...


Constitutional Change And Wade's Ultimate Political Fact, Richard Kay 2016 Selected Works

Constitutional Change And Wade's Ultimate Political Fact, Richard Kay

Richard Kay

This is a retrospective review of H.W.R. Wades classic article on parliamentary sovereignty in the United Kingdom, The Basis of Legal Sovereignty, published in 1955. I discuss the legal background against which the essay was written and particularly the South African case of Harris v. Minister of the Interior that was the centerpiece of Wade’s analysis. I survey Wade’s differences with Ivor Jennings, the leading figure among the then active academic defenders of Parliament’s power to impose “manner and form” limitations on future parliaments. I also compare Wade’s identification of an “ultimate political fact ...


Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz 2016 Texas A&M University School of Law

Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz

Sahar F. Aziz

Failing states are havens for terrorism. A toxic combination of social, economic, and political crises attract violent extremist groups to establish bases in these lawless areas. As the groups grow in strength, the violence spreads from the immediate vicinity to the nation, region, and sometimes even other continents. One need only look to the terrorist attacks in New York, London, Madrid, and Paris as proof that terrorists operating out of failing states eventually set their sights on attacking Western capitals. Although the underlying causes of terrorism are often local, the violence is no longer constrained within a particular country or ...


Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi 2016 University of Georgia School of Law

Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi

Georgia Journal of International & Comparative Law

No abstract provided.


Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton 2016 University of Georgia School of Law

Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman 2016 Charles Darwin University School of Law

Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple 2016 University of Windsor, Faculty of Law

Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple

Noel Semple

In common law Northern Europe and in Australasia, a wave of reform has been transforming legal services regulation since roughly 1980. Old structures and approaches, based on the principles of professionalism and lawyer independence, are being replaced in these jurisdictions by new ones that prioritize competition and consumer interests. In the United States this has conspicuously not happened, leaving intact a regulatory approach whose broad outlines have changed little in the past 100 years.

Thus, I have argued that the legal services regulatory regimes of the common law world today are bifurcated into (i) a competitive-consumerist paradigm apparent in the ...


A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger 2016 Osgoode Hall Law School of York University

A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger

Benjamin L Berger

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a ...


Lower Courts And Constitutional Comparativism, Roger P. Alford 2016 Notre Dame Law School

Lower Courts And Constitutional Comparativism, Roger P. Alford

Roger P. Alford

The issue of constitutional comparativism has been a topic of significant commentary in recent years. However, there is one aspect of this subject that has been almost completely ignored by scholars: the reception, or lack thereof, of constitutional comparativism by state and lower federal courts. While the Supreme Court's enthusiasm for constitutional comparativism has waxed and now waned, lower state and federal courts have remained resolutely agnostic about this new movement. This is of tremendous practical significance because over ninety-nine percent of all cases are resolved by lower state and federal courts. Accordingly, if the lower courts eschew constitutional ...


The Breakdown Of The Rule Of Law In Sri Lanka: An Overview, James Yap, Craig Scott 2016 Osgoode Hall Law School of York University

The Breakdown Of The Rule Of Law In Sri Lanka: An Overview, James Yap, Craig Scott

Craig M. Scott

This brief report, prepared for the Sri Lanka Campaign for Peace and Justice and dated September 22, 2010, analyzes the state and the underlying causes of the current breakdown of the rule of law in Sri Lanka. The information herein is drawn primarily, while not exclusively, from three sources: Basil Fernando, Sri Lanka: Impunity, Criminal Justice & Human Rights (Asian Human Rights Commission: Hong Kong, 2010); Justice in retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka (International Bar Association Human Rights Institute [IBAHRI]: London May 2009); Kishali Pinto-Jayawardena, The Rule of Law in Decline in Sri Lanka- Study on the ...


The Transnationalization Of Truth: A Meditation On Sri Lanka And Honduras, Craig Scott 2016 Osgoode Hall Law School of York University

The Transnationalization Of Truth: A Meditation On Sri Lanka And Honduras, Craig Scott

Craig M. Scott

The present article is an elaboration of the text prepared for a lecture, delivered in London, England, on Tuesday, October 19, 2010, as part of the Centre for Transnational Legal Studies’ annual Transnational Justice Lecture series. The paper begins, in Section II, with general comments on a notion of “interactive diversity of knowledge” and how that connects up to a view about the nature of truth. Sections III and IV then present salient aspects of events in both Honduras and Sri Lanka over the last two years, with the coup d’ état of 28 June 2009, in Honduras and the ...


Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune 2016 Nigerian Institute of Advanced Legal Studies, Abuja, Nigeria

Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune

Annual Survey of International & Comparative Law

The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.


Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung 2016 Golden Gate University School of Law

Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung

Annual Survey of International & Comparative Law

It is no hyperbole to say that climate change is one of the most urgent crises all humans face together. Among the many ways that governments have attempted to curb carbon emissions, border tax adjustments (BTAs) have majorly aimed to restore the competitiveness of developed countries with more stringent carbon control policies. This article carefully examines the proposal under the tests of international environmental laws to evaluate the implications of BTAs in international legal system. The article argues that the imposition of BTAs will be inconsistent with set principles of the common but differentiated responsibility (CBDR), sustainable development and polluter ...


Pension Trust Investment In Nigeria – Celebrating The Sea Change Wrought By The Pension Reform Act, Larry O.C. Chukwu 2016 University of Abuja, Nigeria

Pension Trust Investment In Nigeria – Celebrating The Sea Change Wrought By The Pension Reform Act, Larry O.C. Chukwu

Annual Survey of International & Comparative Law

This work surveys the modalities for pension trust investment in Nigeria, which has only recently been favoured with a distinct legal framework. It gives a brief historical account of pension administration in Nigeria, identifies the policy and philosophical underpinnings of the new pension regime, expounds the relevant provisions of the Pension Reform Act 2014 together with the Regulation on Investment of Pension Fund Assets, and concludes with a critique of the Act and recommendations. Pertinent comparison is made between the provisions of the new legislation and extant Trustee Investments Act (which hitherto governed pension trust investments) with a view to ...


Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz 2016 Golden Gate University School of Law

Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz

Annual Survey of International & Comparative Law

This paper illustrates the current protection of Geographical Indications (GIs) in TRIPS, the arguments of the parties for and against the high level protection extension and the state of negotiations, with a focus on the European Union (EU) and the U.S. as major advocates for each side of the discussion. The paper examines the prospects of a potential agreement in the extension debate within the WTO and looks at the influence of free trade agreements on the GI extension issue.


Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator 2016 Golden Gate University School of Law

Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator

Annual Survey of International & Comparative Law

Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public ...


Hybrid Legal Approaches Towards Climate Change: Concepts, Mechanisms And Implementation, Cosmin Corendea 2016 United Nations University

Hybrid Legal Approaches Towards Climate Change: Concepts, Mechanisms And Implementation, Cosmin Corendea

Annual Survey of International & Comparative Law

No abstract provided.


The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah 2016 Golden Gate University School of Law

The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah

Annual Survey of International & Comparative Law

This paper sets out to address the following question: to what extent has international law effectively curtailed the practice of torture in a democratic society within the context of the ‘war against terror’? This paper will first provide an overview of the current regime of international law prohibiting torture. Next, this paper will discuss the absolute ban on torture and violations that have occurred in the name of the ‘war against terror.’ This paper will then address the consequences of the use of torture as a counterterrorism measure. Finally, this paper will critically analyze the effectiveness of international law on ...


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