Law Commons^™

Emotions And The Veil Of Voluntarism: The Loss Of Judgment In Canadian Criminal Defences, Benjamin Berger

Benjamin L. Berger

In this perspective piece, the author attacks the notion of "moral involuntariness" in the Supreme Court of Canada's judgment in R. v. Ruzic. He asserts that the voluntarist account of criminal liability is purely descriptive. Through the embrace of a mechanistic understanding of human agency, it forestalls judgment and veils the normative foundation of criminal law. The author asserts the need for a more normative approach, one which seeks to evaluate the moral blameworthiness of an act. In the case of duress, the author suggests that it is not enough to simply state that a person's will is ...

Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger

Benjamin L. Berger

The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there ...

A Study Of The Costs Of Legal Services In Personal Injury Litigation In Ontario: Final Report, Allan C. Hutchinson

Allan C. Hutchinson

Contingency Fee Agreements (CFAs) are now a fixed feature of the Ontario litigation landscape. However, little research or study has been done on exactly how they operate in practice, whether they advance the objectives that they were intended to achieve, and whether litigants are best served by the current arrangements. In this study, I intend to make a preliminary start to that research, set out some tentative criticisms of the CFA system as it currently operates, and, where appropriate, suggest preliminary proposals for change.

It should be said at the outset that my efforts to obtain real and serious data ...

Commercial Law: Secured Transactions Statutory And Supplementary Materials, Aaron A. Dhir

Aaron A. Dhir

Course Number 2030

Maritime Law Enforcement Operations And Intelligence In An Age Of Maritime Security, Douglas Guilfoyle

International Law Studies

This article examines maritime law enforcement operations and intelligence activities in the context of maritime security. First describing the role of navies and coast guards in maritime security, this article then explores the relationship between law enforcement operations and actionable intelligence. In particular, it focuses on maritime domain awareness (MDA), and how MDA functions as a form of intelligence. Next, the article discusses maritime domain awareness under international law before looking to the tension between intelligence collection and visit, board, search and seizure (VBSS) operations, both on the high seas and in waters under national jurisdiction. The article closes by ...

Do Unions Promote Rights For People With Disabilities?, Lilach Lurie

Indiana Journal of Law and Social Equality

Scholars and international organizations emphasize the role of unions in promoting disability rights. Nonetheless, previous studies showed that unions may underrepresent people with disabilities. The current research aims to contribute to this debate through an empirical examination of collective agreements in Israel. The research shows that although collective agreements in Israel promote disability insurance and job security for people with disabilities, they do not promote accommodations or employability security for workers with disabilities. Moreover, the research shows that coordination between unions and disability organizations is essential to promote the rights of workers with disabilities. Lastly, the research emphasizes the importance ...

2012, May - San Luis Obispo County Master Water Report, Volume Iii Of Iii

San Luis Obispo Public Works Water Reports

A compilation of current and future water resource management activities with in San Luis Obispo County that are organized by Water Planning Areas. The report explores how the activities interrelate, analyzes current and future supplies and demands, and identifies future water management strategies and ways to optimize existing strategies

Mlb Calendar 2017-2018, Edmund P. Edmonds

MLB Calendars

No abstract provided.

All (Water) Politics Is Local: A Proposal For Resolving Transboundary Water Disputes, Jeffrey S. Dornbos

Fordham Environmental Law Review

No abstract provided.

The Origins And Boundaries Of Executive Privilege, John M. Greabe

Legal Scholarship

[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."

Realizing The Gap Between Rationality And Information, Elayne E. Greenberg

Washington and Lee Law Review Online

The Online Journal requested that I evaluate Professor Strong’s empirical research, “Realizing Rationality: An Empirical Assessment of International Commercial Mediation,” reported in 23 Wash. & Lee. L. Rev. 1973 (2016). The purpose of Professor Strong’s research is to help “fill the informational gap” about international commercial mediation for the United Nations Commission on International Trade (hereinafter UNICITRAL) Working Group II (Arbitration and Conciliation) so that the Working Group could better assess whether, in fact, there is a need for a new UNCITRAL instrument to enforce global commercial mediation agreements. Professor Strong’s research offers insightful nuggets about international commercial ...

V.4, 2013 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole

Journal of Health Disparities Research and Practice

Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the ...

Law, Zoology, And Statutory Interpretaton: Is A Six Pound Wallaby Dangerous In Georgia?, Brett Bannor

Georgia Journal of Science

American courts of law have ruled in cases which required interpretation of statutory laws concerning animals. Confronted with ambiguous wording, the presiding judge or judges may need to analyze such statutes to determine whether a particular type of animal is encompassed or excluded by the law. While such a function may sit uncomfortably with courts lacking zoological knowledge, a thoughtful analysis using readily available literature may be helpful to define both the legal and scientific scope of animal related statutes. This article considers a Georgia law listing species of wild animals considered "dangerous as a matter of law" as a ...

Making & Sharing Scholarship: Copyright Issues In Scholarly Communication (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

Today’s focus – not copyright generally, or copyright for things like library digitization, but copyright in the context of scholarly publishing.

Copyright’s purpose and higher education’s purpose have a lot in common. We as a society all benefit if people can build on the discoveries that came before them, while having an incentive to create new things.

Article I, Section 8, where the authority for US copyright law comes from, reads "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to ...

Reflection & Next Steps (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Jaron Porciello, Elizabeth Brown

Copyright, Fair Use, Scholarly Communication, etc.

How can we sustain our library community? Ideas for reaching out to your institution - students, faculty, administration, other library personnel.

Understanding Scholarly Communication: Framing The Issues (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Jaron Porciello, William M. Cross, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the presenters' notes:

This is the (simple) big overview of the SC system. Within this system exist participants, pressures and intersections, which lead to the opportunities that we’re seeing now.

Participants: Researchers, authors, administrators, students, editors, peer reviewers, and others. Including libraries. Flow in and out and according to processes.

A system of systems: Higher education, publishing industry, disciplinary practice, scholarly societies, internet culture, research industry, IP/legal system, funders, AND OF COURSE faculty rewards system (P&T).

Scholarly Communication: From Understanding To Engagement (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross, Jaron Porciello, Elizabeth A. Brown

Copyright, Fair Use, Scholarly Communication, etc.

“The goal of the program is to empower participants to help accelerate the transformation of the scholarly communication system.” From www.ala.org/acrl/issues/scholcomm/roadshow.

Measuring Impact (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), Jaron Porciello

Copyright, Fair Use, Scholarly Communication, etc.

Excerpt from the slides and presenter's notes:

Helps us see the lifecycle of research - why and how We have a lot of knowledge in this space because we know the resources and systems impact is based on -- we can act as thought leaders.

Scholarly communication cycle involves “evaluating research and other scholarly writings for quality” (ARL, 2013).

Librarians have always been part of the “impact” conversation from the perspective of the ways in which we help people. We provide budding researchers with access to seminal ideas in the field and help established researchers keep current with new information and ...

Open Education (2017 Nebraska Acrl Scholarly Communication Roadshow, University Of Nebraska-Lincoln), William M. Cross

Copyright, Fair Use, Scholarly Communication, etc.

Excerpts from the slides:

“Open educational resources are teaching and learning materials that are freely available online for everyone to use, whether you are an instructor, student or self-learner.”

Open Textbooks: Traditional textbooks with lessons, exercises, and reference materials.

Many instructors also want better materials:

➢ So all students can participate.

➢ So their voice can shine through.

➢ So their discipline can be represented.

➢ So they can use new technologies and pedagogies.