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Employee Drug Testing: Orwellian Vision Or Pragmatic Approach To Problems In The Workforce, Julie A. Godkin

Dalhousie Journal of Legal Studies

Until very recently, there has been no case law considering the legitimacy of employee drug testing under Human Rights legislation or the permissibility of drug testing policies and what they should stipulate. In light of two relatively recent cases, Entrop v. Imperial Oil and Toronto-Dominion Bank v. Canadian Human Rights Commission and Canadian Civil Liberties Association, a re-examination of the legitimacy of employee drug testing is warranted, along with the arguments concerning what the policies should target and how they should be implemented. Furthermore, the EDT jurisprudence exemplifies the discrepancies in the human rights framework, as articulated by the Supreme …

Consultations Under The Wto's Dispute Settlement System, Robert Alilovic

Dalhousie Journal of Legal Studies

The aim of this paper is to demonstrate that consultations remain a vital element of the World Trade Organization’s dispute settlement process. The study begins with a brief look at consultations under the General Agreement on Tariffs and Trade and the procedural difficulties which were inherent in its dispute resolution system. In order to discern how the system currently operates, it is important to understand how conflicts were resolved where no binding panel system loomed to threaten reprisals should talks fail. Next, the paper discusses the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) rules detailing the …

A New Conception Of Wilful Blindness: The Supreme Court Of Canada's Decision In R. V. Sansregret, Mark Mcelman

Dalhousie Journal of Legal Studies

This paper will proceed in four parts. Part I will consist of a brief summary of current jurisprudence surrounding the doctrine of mens rea, focusing on the debate concerning whether the imposition of criminal liability requires a subjective or objective model of fault. Part II will present the basic epistemological ideals that will form the basis of subsequent analysis. Part III will bring into focus the epistemological elements of the offence of sexual assault. Part IV will demonstrate how a new doctrine of wilful blindness might be employed by the courts, in cases of sexual assault.

Environmental Law: A Guide To Concepts, Ikechi M. Mgbeoji

Dalhousie Journal of Legal Studies

Book review of Environmental Law: A Guide to Concepts by Bruce Pardy and published by Butterworths (Toronto), 1996. (293 pp.)

Canadian Health Law & Policy, Julie A. Godkin

Dalhousie Journal of Legal Studies

Book review of Canadian Health Law & Policy edited by Timothy Caulfield & Jocelyn Downie and published by Butterworths (Toronto). (438 pp.)

The Judge As Politician: Review Of In Defense Of A Political Court, Nicole Robichaud

Dalhousie Journal of Legal Studies

Book review of The Judge as Politician: Review of In Defense of a Political Court by Terri Jennings Peretti and published by Princeton University Press (Princeton), 1999.

Mediation: Principles, Process, Practice (Canadian Edition), Roxanne Porter

Dalhousie Journal of Legal Studies

Book review of Mediation: Principles, Process, Practice (Canadian Edition) by Laurence Boulle and Kathleen J. Kelly and published by Butterworths (Toronto), 1998. (356 pp.)

Book Review: New Chemical Weapons Convention: Implementation And Prospects, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Review of The New Chemical Weapons Convention: Implementation and Prospects by Michael Bothe, Natalino Ronzitti, and Allan Rosas (1998).

This book, a fine-grained, expert-level analysis of several of the most intricate legal and policy issues arising in connection with the 1993 Chemical Weapons Convention (CWC), also serves as a vivid symbol of the "coming of age" of arms control. For all their strategic significance and political innovation, earlier generations of arms control treaties--bilateral or multilateral, concerning nuclear, chemical, biological, or other weapons--could not plausibly have spawned this type of 600-page exegesis or inspired the painstaking, inch-by-inch explorations presented in its …

The Tax Of Physics, The Physics Of Tax, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

Sometimes ideas from science illuminate muddled legal thinking. Physics teaches that, for every particle of matter, there exists a corresponding particle of anti-matter. A particle of matter and its corresponding particle of anti-matter are identical except that they have opposite electrical charges. A proton's charge is positive, an anti-proton's negative. When matter and anti-matter meet, they produce the most powerful explosion in nature, totally annihilating each other.

With these laws of physics in mind, consider that a donor can make a gift in one of two ways: either by assuming a debt or by transferring as asset. In an instance …

Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which the Court used the Just Compensation Clause as a "weapon of reaction" to strike down an offending land use restriction. In Lucas, the target of the Court's animus was a state law prohibiting a landowner from developing two beachfront lots. The South Carolina Supreme Court upheld the law as a legitimate exercise of the State's police power to protect the public from harm in the face of a takings challenge by the landowner. The U.S. Supreme Court rejected the South Carolina court's talismatic …

A Greener Shade Of Crimson: Law And The Environment Alumni Forum, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

With the few minutes that I have, I want to respond to or elaborate on some of what was said and speak more directly about the development of the Environmental Law Program. Then I cannot resist commenting on some things which have not been said, but should be . . . In developing a program, one does not need to have gobs and gobs of environmental law courses. You need a core set of courses. You need a minimum of four courses - a minimum - taught by permanent faculty. You need an environmental law survey class. You need a …

Dc Consortium Of Legal Service Providers: Legal Services 2000 Symposium, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

My main point is to urge you to the see what is possible in the way of what I might call a public health approach to lawyering for the poor. In a public health approach you find something that has polluted the river and you clean it up at its source instead of just treating its victims one by one. In legal and societal terms, when we are discussing why so many children are growing up poor and dying a slow death of disappointment, the challenge is to think about it in a public health way. Of course we cannot …

The Perils Of Globalization And The World Trading System, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The post-World War II world trading system is now more than fifty years old, and not surprisingly, it has evolved through a number of different stages of development and survived a series of perils. Recently, however, the perils seem even greater than before. The failure of the Seattle Ministerial Meeting of November-December 1999 focused the attention of the international community, almost like a prospective execution focusing the attention of the targeted person. A number of different factors have contributed to this perilous situation, and in this brief Essay, I want to look particularly at some of the institutional characteristics of …

Analysis Of Perceptions Of Natural Resource Planning In Four 'Wicked' Situations, Paul R. Lachapelle

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Preparing For Japan| A Practical Guide For Navigating The Web Of Culture, Communication And History, Matthew A. Taylor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Sacred Language, Sacred Land| Journeys In And Around The Black Hills, Terry Ryan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Semiotique De L'Epopee Dans Le Discours Narratif De Geoffroi De Villehardouin, Gilles A. Chosson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Shelterbelt| A Novel Excerpt, Colleen O'Brien

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Situacion Socio-Economica Y Socio-Cultural Del Indio Peruano Y La Busqueda De La Identidad Nacional Peruana | Representacio N De La Realidad Nacional Y La Disyuntiva Ideologica Entre Aves Sin Nido De Clorinda Matto De Turner Y Todas Las Sangres De Jose Maria Arguedas, Juan Carlos Flores

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Truth, Wisdom & Power| Figurative Woodcarvings, Roger V. Wing

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Montana Story Tour, The Story Of Our Town| Developed And Sponsored By The Montana Repertory Theatre Company, A Professional Equity Theatre Company In Residence At The University Of Montana-Missoula, Department Of Drama/Dance, Michael A. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Characterization Of The One-Dimensional Transport Of Bacteriophage Ms2 In A Coarse-Grained Vadose Zone Beneath A High School Septic Leach Field, Jeffrey A. Fink

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Chronology Of Housepit Occupations At The Keatley Creek Site| An Analysis Of Stratigraphy And Dating, Michael P. Lenert

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Animal Luggage| [Poems], Tammie Slater Smith

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Antonin Artaud| The Essence Of Revolt, Kathleen C. Irwin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Don't Get Lost In Translation: Teaching Law Students To Work With Language Interpreters, Angela Mccaffrey

Clinical Law Review

The General Practice Clinic at Hamline University School of Law was established in 1985. It was designed to provide civil legal services to low income persons, including persons who are relative newcomers to Minnesota, as a result of being refugees from their homelands. Over the years the students have assisted clients with family law matters, supplemental security insurance hearings, consumer cases, reemployment insurance hearings and immigration cases, particularly related to family reunification. As a result of client priorities and the availability of other resources in the community, the largest area of client need has been in the immigration area. Of …

Donald Schön, The Reflective Practitioner, And The Comparative Failures Of Legal Education, Richard K. Neumann Jr.

Clinical Law Review

In the clinical literature, one of the most oft-quoted of non-lawyers has been Donald A. Schon, a professor at MIT's School of Architecture and Planning who did a highly original investigation into how professionals of all kinds think and educate. In this journal and in others and even overseas, he has been cited almost routinely. Most of these are passing references, although sometimes a significant part of an article's direction appears to have been influenced by Schön's thinking. So many law school teachers have been Schön fans for so long that for the 1992 annual meeting of the Association of …

Where In The World Is Dr. Detchakandi? A Story Of Fact Investigation, Agata Szypszak

Clinical Law Review

Dolores Wilson sought asylum in the United States to escape the years of persecution that she had suffered in Liberia at the hands of armed forces loyal to the faction led by Charles Taylor. The Immigration and Naturalization Service (INS) refused to grant that request. My partner, Daniel Williams, and I interviewed Ms. Wilson many times over the course of several months as we prepared for the hearing in which Ms. Wilson could renew her request for asylum by asserting it as a defense to her being deported from the United States. Gradually, she unfolded the horrific details of her …

Additional Thoughts On Romanian Clinical Legal Education: A Comment On Uphoff's "Confessions Of A Clinician Educator", Kandis Scott

Clinical Law Review

In his essay "Why In-House Live Client Clinics Won't Work in Romania: Confessions of a Clinician Educator," Professor Rodney Uphoff relates that he went to Romania with the notion of "practicing and modeling what we preach" in the United States, but he discovered that this model does not fit the Romanian system and available resources. Professor Uphoff's critique of the feasibility of superimposing American solutions onto Romanian problems evidences a fundamental respect for other cultures and their right to self-determination. His essay reminds us to look afresh at clinical curriculum and methods in the United States as well as abroad. …

Appreciating Collaborative Lawyering, Ascanio Piomelli

Clinical Law Review

In April 1988, I returned to East Palo Alto, California, to join its Community Law Project as a staff attorney. After two and a half years as a housing and employment law litigator at a legal services office in Fresno, I was glad to return to the San Francisco Bay Area. I was particularly eager to work in East Palo Alto because of its history, demographics, and a political climate that was refreshingly out of step with most of the rest of the nation in the eighth year of the Reagan Administration. Thirty miles south of San Francisco, five miles …