Digital Commons Network^™

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

Dalhousie Law Journal

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

Unseen Labour, Unmatched Impact: Struggles And Strategies Of Supervising Lawyers In Canadian Clinical Law Programs, Sarah Buhler, Gemma Smyth

Dalhousie Law Journal

Supervision has been described as the “beating heart” and the “core” of clinical legal education. Yet lawyers who supervise law students in clinical programs have challenging and poorly understood roles within Canadian legal education. This article analyzes interviews with lawyers who supervise students in Canadian law-school affiliated legal clinics. Supervising lawyers describe the tensions between their roles as lawyers, supervisors and mentors, university or non-profit employees, social justice advocates, members of law societies, and clinic team members. These tensions often exist within an environment of lower pay, poor job security, substandard treatment by colleagues, and inadequate training. Despite these challenges, …

The Criminalization Of Black Friendship, Kinship And Belonging, Reakash Walters

Dalhousie Law Journal

This paper posits that the Canadian state's attempt to target organized crime through the Criminal Code's criminal organization provisions has led to the criminalization of everyday expressions of Black life, including the criminalization of Black friendship. The statutory architecture of the regime incentivizes criminal legal actors with limited contiguity to Black culture to conflate bids for connection, association, and friendship within Black communities as gang activity.

Before the criminal organization provisions were enacted, Canada had no legacy of directly criminalizing organized crime. Localized violence in Quebec during the mid-1990s led to rushed amendments to the Criminal Code to target biker …

Lost At Sea: The Managerial Exclusion After Casinos Du Québec, Brian Langille

Dalhousie Law Journal

Is the managerial exclusion constitutionally dead or alive? In Casinos du Québec the Supreme Court of Canada somehow managed to make this a mind-boggling question. The Court also managed to bizarrely but blithely establish a higher threshold test for freedom of association violations than for unconstitutional intrusions upon other Charter freedoms. This comment addresses both of these shocking results but also seeks to go further and show how the Court’s entire freedom of association adventure is not only scary, but also unnecessary.

L’exclusion des postes de direction est-elle constitutionnellement morte ou vivante? Dans l’affaire Casinos du Québec, la Cour suprême …

Healthcare Discrimination Under The Canadian Charter Of Rights And Freedoms, Mélisande Charbonneau-Gravel, Sébastien Jodoin, Siobhan O’Connell

Dalhousie Law Journal

This paper explores the role that the Canadian Charter of Rights & Freedoms could and should play in addressing and redressing discrimination in the context of healthcare in Canada. Drawing on landmark as well as recent jurisprudence, we analyze how sections 7 and 15 of the Charter apply to three types of healthcare discrimination: (1) lack of access to healthcare and health services; (2) lower quality of services, and attitudes and biases faced in diagnosis and treatment; and (3) physical, verbal, psychological, and sexual abuse experienced by patients. Our analysis highlights the ongoing, problematic nature of the prevailing interpretations of …

Board Of Registered Nursing, Sydney Verga, Katie Gonzalez, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Transnational Corporate Liability Through The Lens Of Interlegality, Jaye Ellis

Dalhousie Law Journal

Pressure is mounting on courts in Canada, as in other jurisdictions, to address harms generated within global supply chains. These entities have no formal legal personality, so attempts to trace lines of responsibility and liability within them require the development of innovative argumentative strategies. Among the challenges is the integration of a range of sources, including international law, international policy initiatives, and privately constituted standards to promote human and labour rights and environmental protection. Working with the concept of interlegality, I seek to develop approaches for navigating overlapping and intersecting legal orders, and for facilitating interactions among them. Of particular …

Lack Of Player Protection Revealed Under Mlb’S Joint Domestic Violence, Sexual Assault And Child Abuse Policy And Necessary Changes To Avoid Arbitrary Disciplinary Actions., Maureen J. Camacho

Student Works

No abstract provided.

Telemedicine Fraud: Exposing Vulnerabilities And Recommended Solutions, Evander Tang

Student Works

No abstract provided.

Reforming The No Surprises Act: Addressing Structural Deficiencies To Protect Patients From Unexpected Medical Bills, Elvin Migirov

Student Works

No abstract provided.

Penalties For Prevention? The Case For Enacting A Safe Harbor Provision For Apoe Screening, G. Davis Rieser

Student Works

No abstract provided.

Commander In Cyberspace: A Comprehensive Review Of The President’S Authority To Conduct Military Cyber Operations, Bryan Gonzalez

Student Works

No abstract provided.

The First Amendment: Sacrificing The Well-Being Of Minors For The Absolutism Of Freedom Of Speech, Nikki Carr

Student Works

No abstract provided.

Normative Jurisprudence & Good Government, Zachary A. Chin

Student Works

No abstract provided.

The Need For A Federal Anti-Slapp Statute Following The Increase In Defamation Lawsuits As A Result Of Cancel Culture, Gabrielle Marchisin

Student Works

No abstract provided.

Court Of Arbitration For Sport: A Flawed But Necessary System That Will Shape The Future Of The Olympic Games, For Better Or For Worse, Michael Digeronimo

Student Works

No abstract provided.

The Court Of Arbitration For Sport: An Investigation Into Its Issues And Solutions Which Can Restore Its Legitimacy As “The Supreme Court Of Sports.”, Alex Kingsley

Student Works

No abstract provided.

The Newest Advancement For Collegiate Athletes And Their Fight For Employment Status, Olivia Tomasula

Student Works

No abstract provided.

Large Deferred Salary Contracts Are Adding To The Current Payroll Disparity In Baseball, Rachel Zayon

Student Works

No abstract provided.

How Can Policy Tools Prevent Sanctions Evasion Through Cryptocurrency And Improve Sanctions Law Compliance?, Austin Mun

Student Works

No abstract provided.

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

Gentrification – Who’S It Really For? The Criminalization Of Communities Of Color To Make Room For Luxury, Joli Doñé

Student Works

No abstract provided.

Liability Of Employer Organizations In Relation To Abuse Committed By Employees: The Nassar Usa Gymnastics And Michigan State University Abuse Scandal, Julia Rossinow

Student Works

No abstract provided.

Leveling The Playing Field: Navigating The Give And Take Of College Athlete Employment Status, Sophia Nisivoccia

Student Works

No abstract provided.

Improving The Game: How Removing Health And Safety Protocol From Nfl Collective Bargaining Agreements Can Serve To Benefit Players And The League Altogether, Randall Lazzaro

Student Works

No abstract provided.

Paw-Blic Accommodations: Statutory Ambiguity And Inconsistency In Service Animal Protections, Mia Park

Student Works

No abstract provided.

Do Data Protection Impact Assessments Violate Free Speech? A Critical Analysis Of The Ninth Circuit’S Ruling On Caadca’S Dpia Requirements, Shannon Dove

Student Works

No abstract provided.

Cyber-Suicides: Who Is Liable?, Tanpreet Malhotra

Student Works

No abstract provided.