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Analysis On The Elemental Composition Of Ceramics In Barbados During The Saladoid And Suazoid Period, Scott Michael Fitzpatrick

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Arriving At America| [Poems], Robert Firth

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Estimation Of Forest Stand Structure Attributes From Aerial Photographs| An Accuracy Assessment, Charlie C. Patton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Codes And Virtues: Can Good Lawyers Be Good Ethical Deliberators?, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Regardless of its specific contents, any black letter statutory codification regulating lawyers' conduct will be flawed as an instrument of ethics for lawyers. This is the central thesis of this Article. It is motivated by the idea that typical statutory prohibitions and permissions are likely to stunt sentimental responsiveness, a key feature of good ethical deliberation. Additionally, a certain technocratic mode of legal analysis heightens this tendency. Although other styles of lawyering might better engender sentimental responsiveness, statutory codes of lawyers' ethics do not invite this style as readily as a welldeveloped common law of lawyers' ethics would.

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Clinical Law Review

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take. The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …

Liability For Unreasonably And Unavoidably Unsafe Products: Does Negligence Doctrine Have A Role To Play, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

To what extent, if any, should courts hold defendants liable for harm caused by hazards associated with the unduly and unavoidably dangerous aspects of goods they produce and market?

Where manufacturers might have eliminated unreasonable risks arising from the manufacture or design of a product, or from the information (or lack thereof) conveyed by a product's labeling, the tort system traditionally has provided injured victims with an opportunity to obtain compensation for injuries attributable to these risks. Moreover, even where risks from manufacturing or construction defects could not have been eliminated with the exercise of reasonable care, the courts have …

Congressional-Executive Information Access Disputes: A Modest Proposal - Do Nothing, Neal Devins

Faculty Publications

No abstract provided.

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …

Preaching To The Public School Choir: The Establishment Clause, Rachel Bauchman, And The Search For The Elusive Bright Line, Julian R. Kossow

Faculty Publications

No abstract provided.

Design Information Recovery From Legacy System Cobol Source Code: Research On A Reverse Engineering Methodology, Robert Lee Miller

CCAC Theses and Dissertations

Much of the software in the world today was developed from the mid-1960s to the mid- 1970s.This legacy software deteriorates as it is modified to satisfy new organizational requirements. Currently, legacy system maintenance requires more time than new system development. Eventually, legacy systems must be replaced. Identifying their functionality is a critical part of the replacement effort. Recovering functions from source code is difficult because the domain knowledge used to develop the system is not routinely retained. The source code is frequently the only reliable source of functional information.

This dissertation describes functional process information recovery from COBOL source code …

The Gatt And The Unmaking Of International Environmental Law, Robert Weir

Dalhousie Journal of Legal Studies

This paper examines the uneasy relationship between the regulation of international trade and international environmental law. In particular, it focuses on two GATT panel decisions that struck down US-imposed trade embargoes on tuna products imported from countries that the US considered killed too many dolphins in their tuna fisheries. The implications of the decisions went far beyond the immediate environmental issue that faced the GATT panels, bringing into question the validity of trade sanctions as a means of enforcing and strengthening existing multilateral environmental agreements. At the same time, however, a critical examination of the American position reveals serious flaws …

More Fresh Judgment! How Law Privileges The University, William Mclean

Dalhousie Journal of Legal Studies

Court-enhanced academic independence is closely related to judicial independence. Discussion of this relationship, however, is absent from most legal discourse. The absence of this discussion amounts to a privilege for the university in its relationship to the court. Three indicia of this absent discussion are canvassed. First, the legal academy’s virtual self-ignorance of its influence on the judiciary. Second, the common law's tendency to non-construct the university through judicial non-interference. Third, the judiciary's constitutional reaffirmation of university independence under the Charter. This non-construction of the university and the absent discussion around it point to the stake that judicial independence has …

False Memory Syndrome: "The Female Malady", Erin Brady

Dalhousie Journal of Legal Studies

The theory of memory repression has been both relied on by adult survivors as evidence of sexual crimes committed against them, and endorsed by many of the higher courts in Canada, including the Supreme Court of Canada. Advocates of the false memory syndrome refute the scientific validity of repressed memories, and vigorously oppose their judicial acceptance, by contending that recovered memories of childhood abuse are more often the product of a therapeutic relationship gone wrong. An examination of the manner in which the false memory syndrome is being pleaded by defence counsel, and heard by Canadian courts, reveals that it …

Creditors' Remedies In Ontario: With Forms And Precedents On Disk, Doug Downey

Dalhousie Journal of Legal Studies

Book review of Creditors' Remedies in Ontario: With Forms and Precedents on Disk by Eugene Meehan et al. and published by Butterworths (Toronto), 1994. (530 pp.)

Justifying Employee Drug Testing: Privacy Rights Versus Business Interests, Douglas Isbister

Dalhousie Journal of Legal Studies

Mandatory drug testing in the workplace as a form of employee monitoring raises numerous questions. This paper will explore the extent to which employees can claim a right to privacy in employment situations. This will be followed by an exploration into the legal framework in which drug testing programs may be implemented. Finally, the paper will consider the competing interests of employers and employees with respect to drug testing. In the end, it will be argued that mandatory drug testing in the workplace is a justifiable form of monitoring employees, and that attempts to ban its use at this point …

Identity Crisis: The Charter And Forensic Dna Analysis In The Criminal Justice System, Robert E. Astroff

Dalhousie Journal of Legal Studies

Since its introduction in Canada in 1988, forensic DNA analysis has been instrumental in securing convictions in hundreds of violent crimes, from homicide to sexual assault. Until recently, however, there has been no legislative framework to regulate its use. This article examines Canada's Act to amend the Criminal Code and the Young Offenders Act (forensic DNA analysis) that received Royal Assent on July 13, 1995. It represents the first attempt by Parliament to provide legal authority for the compulsion of bodily samples as a direct response to the development of genetic testing. The principles of human genetics are outlined in …

Granting Refuge From Islam: The Canadian Refugee Determination Process And The Casualties Of Islamic Policies, Olivier Fuldauer

Dalhousie Journal of Legal Studies

A number of key divergences between Islamic and Canadian legal regimes are generating a growing stream of refugees into Canada. There is every sign that this trend will grow as political forces on both sides map out their ideological position in law with greater precision. Recent years have seen the introduction into the normative legal system of many Islamic states' "Islamization" laws. In Canada, the refugee determination process has seen a correlating, but opposite, movement to recognize persecution in its more systemic guises. This paper will focus on those refugee claims from Islamic states which have been accepted on a …

Public Government And Regulatory Participation In Nunavut: Effective Self-Government For The Inuit, Laureen Nowlan-Card

Dalhousie Journal of Legal Studies

Self-government has been a goal of the Inuit of the Eastern and Central Arctic for decades. In April 1999, the new Nunavut Territory with its own government will become a reality. As the Nunavut government is to be a public government as opposed to an ethnic government, some have argued that what has been created in Nunavut is not truly self-government. This article is a critical analysis of whether the regulatory control and legislative powers derived from the Agreement and the Nunavut Act provide the Inuit in Nunavut with effective self-government. There are three main prerequisites to making self-government a …

The Key To Environmental Compliance: How To Avoid Environmental Liability, Exercise Due Diligence, And Keep Our Of Jail, Kenneth P. Serné

Dalhousie Journal of Legal Studies

Book review of The Key to Environmental Compliance: How to Avoid Environmental Liability, Exercise Due Diligence, and Keep Out of Jail by John Tidball, Bruce McMeekin & Christine O'Donohue, and published by Emond Montgomery (Toronto), 1993. (68 pp.)

Litigation Public Relations: Courting Public Opinion, Gussie W. Postlewaite

Dalhousie Journal of Legal Studies

Book review of Litigation Public Relations: Courting Public Opinion edited by Susanne A. Roschwalb & Richard A. Stack and published by Fred B. Rothman (Littleton, Colorado), 1995. (240 pp.)

The Art Of Trial, Duaine W. Simms

Dalhousie Journal of Legal Studies

Book review of The Art of Trial by Robert B. White, QC and published by Canada Law Book Inc. (Aurora, Ont.), 1993. (230 pp.)

Public Government And Regulatory Participation In Nunavut: Effective Self-Government For The Inuit, Laureen Nowlan-Card

Dalhousie Journal of Legal Studies

Self-government has been a goal of the Inuit of the Eastern and Central Arctic for decades. In April 1999, the new Nunavut Territory with its own government will become a reality. As the Nunavut government is to be a public government as opposed to an ethnic government, some have argued that what has been created in Nunavut is not truly self-government. This article is a critical analysis of whether the regulatory control and legislative powers derived from the Agreement and the Nunavut Act provide the Inuit in Nunavut with effective self-government. There are three main prerequisites to making self-government a …

More Fresh Judgment! How Law Privileges The University, William Mclean

Dalhousie Journal of Legal Studies

Court-enhanced academic independence is closely related to judicial independence. Discussion of this relationship, however, is absent from most legal discourse. The absence of this discussion amounts to a privilege for the university in its relationship to the court. Three indicia of this absent discussion are canvassed. First, the legal academy’s virtual self-ignorance of its influence on the judiciary. Second, the common law's tendency to non-construct the university through judicial non-interference. Third, the judiciary's constitutional reaffirmation of university independence under the Charter. This non-construction of the university and the absent discussion around it point to the stake that judicial independence has …

Liberalism And The Charter: Freedom Of Association And The Right To Strike, Terry Sheppard

Dalhousie Journal of Legal Studies

Liberalism, for the most part, has been opposed to unions because they are perceived to be opposed to individualism and detrimental to the free market. This paper will attempt to show how union rights, and more particularly the right to strike, can be accommodated in the liberal philosophy. As a preliminary matter, some principal tenets of liberal theory are examined: ethical individualism; the concept of liberty as negative liberty; the focus on individuals rather than groups as the locus of rights; and a desire to restrain the actions of government. The paper then proceeds to use liberal philosophy to critique …

The Destruction Of The Environment In The Former Soviet Union, Lisa Osoba

Dalhousie Journal of Legal Studies

Because of the weakness of environmental protection legislation in the former Soviet Union the former republics of the Soviet Union occupy one of the most ecologically devastated areas on the planet. The Chernobyl disaster came to be seen as a symbol of all that was wrong with the Soviet system by observers both within and outside the USSR. Concerns about safety at existing nuclear facilities, the disposal of nuclear waste, and the potential migration of nuclear materials and knowledge out of the former Soviet Union are widespread both within the republics and internationally. Greater regulatory action on the national level …

Identity Crisis: The Charter And Forensic Dna Analysis In The Criminal Justice System, Robert E. Astroff

Dalhousie Journal of Legal Studies

Since its introduction in Canada in 1988, forensic DNA analysis has been instrumental in securing convictions in hundreds of violent crimes, from homicide to sexual assault. Until recently, however, there has been no legislative framework to regulate its use. This article examines Canada's Act to amend the Criminal Code and the Young Offenders Act (forensic DNA analysis) that received Royal Assent on July 13, 1995. It represents the first attempt by Parliament to provide legal authority for the compulsion of bodily samples as a direct response to the development of genetic testing. The principles of human genetics are outlined in …

Granting Refuge From Islam: The Canadian Refugee Determination Process And The Casualties Of Islamic Policies, Olivier Fuldauer

Dalhousie Journal of Legal Studies

A number of key divergences between Islamic and Canadian legal regimes are generating a growing stream of refugees into Canada. There is every sign that this trend will grow as political forces on both sides map out their ideological position in law with greater precision. Recent years have seen the introduction into the normative legal system of many Islamic states' "Islamization" laws. In Canada, the refugee determination process has seen a correlating, but opposite, movement to recognize persecution in its more systemic guises. This paper will focus on those refugee claims from Islamic states which have been accepted on a …

Creditors' Remedies In Ontario: With Forms And Precedents On Disk, Doug Downey

Dalhousie Journal of Legal Studies

Book review of Creditors' Remedies in Ontario: With Forms and Precedents on Disk by Eugene Meehan et al. and published by Butterworths (Toronto), 1994. (530 pp.)

Development Of A Novel Camera For Conical Panoramic Photography, Andrew Davidhazy

Articles

Conical or circular strip scanning. This is a condensed version of the Conical Strip article listed above (and which was published in the IAPP newsletter in 1996) of how a strip camera with film revolving behind a slit-aperture was designed and used for novel panoramic images.

Clinical Scholarship: Improving The Practice Of Law, Peter A. Joy

Clinical Law Review

The very existence of the Clinical Law Review challenges us to consider what is meant by legal scholarship in general and clinical legal scholarship in particular. Like Six Characters in Search of an Author, clinician authors have plied their wares in a variety of venues in search of a journal broad enough in its vision to cast their rich and varied contributions to clinical legal scholarship. The Clinical Law Review has become that venue. In the foreword to the first issue of the Clinical Law Review, the editors briefly trace the developments of clinical legal education and clinical legal scholarship. …