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Strategic Behaviour And Leadership Patterns Of Modern Chief Justices, C. L. Ostberg, Matthew E. Wetstein 2018 University of the Pacific

Strategic Behaviour And Leadership Patterns Of Modern Chief Justices, C. L. Ostberg, Matthew E. Wetstein

Osgoode Hall Law Journal

This study uses strategic behaviour, leadership change, and feminist theories to examine patterns of judicial activity by the three post-Charter chief justices of the Supreme Court of Canada. Building on prior scholarship, we use various methods to examine patterns of majority voting, dissenting activity, opinion writing, ideological voting, and panel size across the 1973 to 2014 period. While Chief Justices Lamer and Dickson exhibited clear patterns of task leadership, we find strong evidence of strategic change by Chief Justice McLachlin following her elevation to chief. She moved from a prolific dissenter as a puisne justice to a chief who exhibited ...


Atrocity Speech Law, By Gregory S. Gordon, Sam Zucchi 2018 Osgoode Hall Law School of York University

Atrocity Speech Law, By Gregory S. Gordon, Sam Zucchi

Osgoode Hall Law Journal

Theoretical developments in the law are interesting things: They exist solely as ideals waiting to be actualized, but because the law is one of those fields where academic discourse regularly has a meaningful impact on courtrooms and legislatures, they are not completely academic in that word’s most pejorative sense. Model legislation, for example, serves as both a theoretical outline of a specific legal doctrine and a possible model for future legislative and jurisprudential developments; it is never merely a hypothetical model since it is always ready to become living law. Theoretical developments in international criminal law operate similarly, though ...


Stalinist Perpetrators On Trial: Scenes From The Great Terror In Soviet Ukraine, By Lynne Viola, William Heisey 2018 Osgoode Hall Law School of York University

Stalinist Perpetrators On Trial: Scenes From The Great Terror In Soviet Ukraine, By Lynne Viola, William Heisey

Osgoode Hall Law Journal

In February of 1938 in Chernigov, Ukrainian Soviet Socialist Republic, a concerned regional official approached Nikolai Ivanovich Ezhov, the People’s Commissar of the Soviet Union’s fearsome Narodnyi Komissariat Vnutrennikh Del (NKVD). In a recent roundup of local “potential enemies” of Soviet power, the man was unsure of what to do with the “invalids” and elderly peoples who happened to fall among the arrested. Seemingly irritated by this inquiry, Ezhov shot back at him blithely: “Ekh, you are a Chekist! Take them all to the woods and shoot them.” This haunting exchange provides a real glimpse at some of ...


Virtual Competition: The Promise And Perils Of The Algorithm-Driven Economy, By Ariel Ezrachi & Maurice E. Stucke, Robert Van De Mark 2018 Osgoode Hall Law School of York University

Virtual Competition: The Promise And Perils Of The Algorithm-Driven Economy, By Ariel Ezrachi & Maurice E. Stucke, Robert Van De Mark

Osgoode Hall Law Journal

Proponents of laissez-faire economic philosophy have long relied upon the concept of the “invisible hand” to justify non-intervention by governments in markets. The term is typically interpreted to describe how the independent actions of self-interested individuals can lead to a beneficial societal outcome. Since Adam Smith introduced the concept in 1776, the invisible hand has become an important foundation of economic analysis and has consistently been a source of controversy, debate, and policy inspiration. As one of the core tenets of neoclassical economic theories and the Chicago School of economic thought, the invisible hand has been associated with the modern ...


The Constitution In A Hall Of Mirrors: Canada At 150, By David E. Smith, Alex Despotovic 2018 Osgoode Hall Law School of York University

The Constitution In A Hall Of Mirrors: Canada At 150, By David E. Smith, Alex Despotovic

Osgoode Hall Law Journal

Academics, media commentators, and political figures alike have each seized the opportunity presented by Canada’s sesquicentennial to reflect upon the status of our nation, and upon the ways in which its institutions, demographic makeup, and standing in the global community have evolved over the past 150 years. The modern Canadian state—which is now home to thirteen provinces and territories; the world’s tenth-largest economy; and one of the world’s most diverse set of ethnicities, languages, and religions—only faintly resembles the state that was initially envisioned by Canada’s founding fathers on the shores of Charlottetown.


Administrative Constitutionalism And The Unity Of Public Law, Matthew Lewans 2018 University of Alberta

Administrative Constitutionalism And The Unity Of Public Law, Matthew Lewans

Osgoode Hall Law Journal

Public law scholarship in the common law tradition often aims at elucidating a connection between law and constitutional values like equality, due process, and the rule of law. However, in their quest to reveal the morality of public law, common lawyers often focus their attention on judicial interpretations of constitutional values to the exclusion of other sources of constitutional jurisprudence. The author argues that the traditional fascination with courts as the primary or exclusive arbiters of constitutional values should be tempered and supplemented by recognizing the valuable contributions of administrative officials who interpret and enforce constitutional norms when exercising statutorily ...


Narrating Dignity: Islamophobia, Racial Profiling, And National Security Before The Supreme Court Of Canada, Reem Bahdi 2018 Faculty of Law, University of Windsor

Narrating Dignity: Islamophobia, Racial Profiling, And National Security Before The Supreme Court Of Canada, Reem Bahdi

Osgoode Hall Law Journal

Captain Javed Latif, a Muslim Canadian pilot from Pakistan, was denied pilot refresher training by Bombardier Aerospace Training Center in Canada based on information received from US national security officials. Almost 12 years after Captain Javed Latif’s ordeal began, the Supreme Court of Canada affirmed a decision by the Quebec Court of Appeal overturning a finding by a Quebec Human Rights Tribunal that Latif had been racially profiled. The Supreme Court of Canada’s decision ultimately exposes and perpetuates a deep unwillingness to challenge the stereotyping of Muslims as terrorists in Canada. In response, this commentary seeks to excavate ...


Why Dissent Matters: Because Some People See Things The Rest Of Us Miss, By William Kaplan, Jory Binder 2018 Osgoode Hall Law School of York University

Why Dissent Matters: Because Some People See Things The Rest Of Us Miss, By William Kaplan, Jory Binder

Osgoode Hall Law Journal

Rachel Louise Carson was an American author and marine biologist who is widely credited with advancing the global environmental movement. In the late 1950s, Carson turned her attention from nature writing to conservation—specifically, towards problems that she believed were linked to synthetic pesticides—and gathered evidence about a looming environmental disaster. The result was the book Silent Spring, which brought environmental concerns to the attention of an unprecedented portion of the American public. Both Carson and her book were met with fierce opposition by agriculture and chemical companies. These companies argued that restrictions placed on pesticides, specifically DDT, caused ...


Are Boycotts, Shunning, And Shaming Corrupt?, Scott Altman 2018 BLR

Are Boycotts, Shunning, And Shaming Corrupt?, Scott Altman

University of Southern California Legal Studies Working Paper Series

This article argues that boycotts, shunning, and shaming are sometimes corrupt because they create incentives that undermine important individual aims, enticing people into acting for inappropriate reasons. They harm targets by undermining belief formation, or by impeding efforts at living authentically, deterring targets from declaring their beliefs in public or from pursuing projects that they believe important. They are corrupt because they make their targets willing participants in undermining their own aims, subverting their individual ambitions not to allow money or social pressure to influence their beliefs and their most important actions. Although individuals must sometimes take responsibility for maintaining ...


Introduction, Annette Clark 2018 Seattle University School of Law

Introduction, Annette Clark

Seattle University Law Review

Introductory remarks given by Dean Annette Clark at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.”


Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover 2018 Seattle University School of Law

Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The panel is moderated by Seattle University School of Law Professor Gregory Silverman, and discusses the forthcoming book Robotica, by David M. Skover and Ronald K. L. Collins. The panelists are Bruce E. H. Johnson, Helen Norton, and David M. Skover.


Panel 2: Accountability For The Actions Of Robots, Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, Blake Hannaford 2018 Seattle University School of Law

Panel 2: Accountability For The Actions Of Robots, Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, Blake Hannaford

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law” discussing human control and Artificial Intellegence learning. The panel participants are Ryan Calo, Howard Jay Chizeck, Elizabeth Joh, and Blake Hannaford.


Keynote Address, Ryan Calo 2018 Seattle University School of Law

Keynote Address, Ryan Calo

Seattle University Law Review

Transcript of the keynote address at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The keynote address is presented by Ryan Calo and discusses the current status of artificial intelligence learning, and how this current status is moving toward robotic singularity.


Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh 2018 Seattle University School of Law

Artificial Intellegence And Policing: First Questions, Elizabeth E. Joh

Seattle University Law Review

Artificial intelligence is playing an increasingly larger role in all sectors of society, including policing. Many police departments are already using artificial intelligence (AI) to help predict and identify suspicious persons and places.1 Increased computational power and oceans of data have given rise to inferences about violence and threats.2 AI will change policing just as it will healthcare, insurance, commerce, and transportation. But what questions should we ask about AI and policing?


Robotic Speakers And Human Listeners, Helen Norton 2018 Seattle University School of Law

Robotic Speakers And Human Listeners, Helen Norton

Seattle University Law Review

This article discusses protected First Amendment speech and how this protection should be applied to robotic speech. Robotic speech is that created by automated means, currently “bots” but the producers of automated speech are evolving. The article further differentiates between rights of the producers of this speech and listeners or consumers of the speech, and the impact of First Amendment protections on each group.


Virtual Ethics And The Creeper Act, Justin Tiehen 2018 Seattle University School of Law

Virtual Ethics And The Creeper Act, Justin Tiehen

Seattle University Law Review

A legal and moral discussion of the development of child sex bots (CSB), childlike sex dolls, comparing society-at-large’s general squeamishness of the area, and attempts to regulate (for example, the CREEPER Act) with the prophylactic therapeutic benefits of these robots.


Ethical Machines?, Ariela Tubert 2018 Seattle University School of Law

Ethical Machines?, Ariela Tubert

Seattle University Law Review

This Article explores the possibility of having ethical artificial intelligence. It argues that we face a dilemma in trying to develop artificial intelligence that is ethical: either we have to be able to codify ethics as a set of rules or we have to value a machine’s ability to make ethical mistakes so that it can learn ethics like children do. Neither path seems very promising, though perhaps by thinking about the difficulties with each we may come to a better understanding of artificial intelligence and ourselves.


"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman 2018 Seattle University School of Law

"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman

Seattle University Law Review

The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used ...


De Novo: Reviewing Tax Court Redressability Incongruities In Innocent Spouse Relief Sections 66© And 6015(F), Jason Harn 2018 Seattle University School of Law

De Novo: Reviewing Tax Court Redressability Incongruities In Innocent Spouse Relief Sections 66© And 6015(F), Jason Harn

Seattle University Law Review

Part One of this Note details the historical background of joint and several liability in federal income taxation. Part Two introduces, compares, and contrasts the two statutory provisions Congress has enacted to relieve “innocent spouses” from joint and several liability. Part Three discusses the incongruent standards of review applied by the Tax Court to these—§§ 66 and 6015—two substantially similar relief provisions. Finally, Part Four suggests remedies to alleviate this incongruity.


A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch 2018 Seattle University School of Law

A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch

Seattle University Law Review

The patent system in the United States was forever changed with the introduction of the Leahy-Smith America Invents Act (AIA) in September of 2011. The AIA brought sweeping changes to American patent law in order to align the U.S. with much of the rest of the world by changing the invention priority from a “first to invent” to a “first to file” system. The first section of this note will provide a brief overview of the substance of inter partes reviews and some of the most critical negatives that have become apparent since 2013. The second section of this ...


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