Digital Commons Network^™

Access To Justice And The Evolution Of Class Action Litigation In Australia, Camille Cameron, Bernard Murphy

Articles, Book Chapters, & Popular Press

The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …

The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald

Articles, Book Chapters, & Popular Press

The Nova Scotia Restorative Justice Program ("NSRJ") is one of the oldest and by all accounts the most comprehensive in Canada. The program centres on youth justice, and operates through referrals by police, prosecutors, judges and correctional officials to community organizations which facilitate restorative conferences and other restoratively oriented processes. More than five years of NSRJ experience with thousands of cases has led to a considerable rethinking of restorative justice theory and practice in relation to governing policies, standards for program implementation and responses to controversial issues. The purpose of this paper is to explore the significance of the Nova …

Access To Justice And The Evolution Of Class Action Litigation In Australia, Bernard Murphy, Camille Cameron

Articles, Book Chapters, & Popular Press

The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …

Indigenous Self-Determination And Research On Human Genetic Material: A Consideration Of The Relevance Of Debates On Patents And Informed Consent, And The Political Demands On Researchers, Constance Macintosh

Articles, Book Chapters, & Popular Press

Genetic research involving indigenous populations provokes many legal, ethical and cultural issues. Arguably, of these issues, two dominate the literature. The first is whether human genetic materials are or ought to be patentable, which is often argued against on the basis that such patents offend human dignity generally and are culturally offensive to many indigenous peoples. The second is whether researchers must obtain informed consent from representatives of indigenous groups as a whole before attempting to obtain consent for participation from individual members of that group. I argue that there is limited benefit in continuing to debate the patentability of …

Assessing Human Trafficking In Canada Flawed Strategies And The Rhetoric Of Human Rights, Constance Macintosh

Articles, Book Chapters, & Popular Press

This paper will present the argument that Canada’s rhetoric of protecting the human rights of trafficking victims is at odds with its practice. Trafficking victims are treated essentially the same as any other irregular migrant, and the specter of trafficking is invoked to justify acts which arguably violate Canada’s international human rights obligations. This paper will offer an overview of what little information is available regarding the extent of trafficking in Canada, and then will conduct a close examination of the Canadian approach to trafficking and its victims. In addition to considering the logic and consequences of the Canadian strategy …

Aboriginal Title And Oceans Policy In Canada, Diana Ginn

Articles, Book Chapters, & Popular Press

The Oceans Act of Canada sets out a broad framework for the unified management of Canada’s oceans based on an ecosystem approach. In particular, the Oceans Act calls on the Minister of Fisheries and Oceans to lead and facilitate the development of a national strategy to guide the management of Canada’s estuarine, coastal and marine ecosystems. The Oceans Act also reflects awareness that aboriginal rights may affect the development or implementation of policy surrounding oceans management. For example, s. 2(1) of the Act states that “. . . nothing in this Act shall be construed so as to abrogate or …

The Taxation Of Aquaculture In Canada: A Comparison With The Taxation Of Agriculture And Its Policy Implications, Faye Woodman

Articles, Book Chapters, & Popular Press

In Canada, at both the federal and the provincial government levels, the tax rules applicable to agricultural producers under the Income Tax Act and other taxing statutes often apply with relatively few modifications to the aquaculture sector. The agriculture rules differ in significant aspects from those applied to other taxpayers. They also tend to be more generous. Thus, the aquaculture sector operates under regimes of taxation in Canada that may be characterized as preferential, but may also have been developed with the needs and circumstances of agriculture, not aquaculture, in mind. This chapter will examine the rationales underlying the various …

Aquaculture Law And Policy In Canada And The Duty To Consult With Aboriginal Peoples, Richard Devlin, Ronalda Murphy

Articles, Book Chapters, & Popular Press

In November 2003, a Mi’kmaq elder from the community of Eskasoni launched a court action seeking to stop seismic testing in the waters off Cape Breton. He claimed that the government of Nova Scotia had failed to consult with his First Nation before issuing an approval to allow the testing by Corridor Resources, as part of its oil and gas exploration program.1 Aboriginal communities throughout Canada assert they must be consulted before governments or corporations make decisions that could impair the constitutional rights of Aboriginal peoples. Invocation of the duty to consult as an independent source of legal entitlement is …

Hrm Strategies In Structurally Depressed Industries: The Japanese Approach, Mahesh N. Rajan, O. K. Gupta

Faculty Publications

Several adverse macro-economic trends beginning in the early 1970’s drastically reduced the relative competitiveness of various sectors of the Japanese economy. Firms in Western (industrialized) countries that were faced with a similar loss of comparative advantage dealt with the problem by undertaking strategies of restructuring--primarily, retrenchment and downsizing strategies. However, in sharp contrast to the Western approach, the Japanese response to industrial decline, from a HRM standpoint, was a product of the political, cultural, and social institutions/values of that society. The Japanese government, business sector and the labor unions worked together to ‘maintain’ employment levels (albeit, mainly that of permanent …

Cuoricino And Cuore Detectors: Developing Big Arrays Of Large Mass Bolometers For Rare Events Physics, P. Gorla, R. Ardito, C. Arnaboldi, D. R. Artusa, F. T. Avignone Iii, M. Balata, I. Bandac, M. Barucci, J. Beeman, C. Brofferio, C. Bucci, S. Capelli, F. Capozzi, L. Carbone, S. Cebrian, O. Cremonesi, R. J. Creswick, M. Dolinski, A. De Waard, H. A. Farach, F. Ferroni, E. Fiorini, G. Frossati, C. Gargiulo, A. Giuliani, E. Guardincerri, T. Gutierrez, E. E. Haller, I. G. Irastorza, E. Longo, G. Maier, R. Maruyama, R. J. Mcdonald, S. Morganti, A. Morales, S. Nisi, E. B. Norman, A. Nucciotti, E. Olivieri, P. Ottonello, M. Pallavicini, V. Palmieri, E. Pasca, M. Pavan, M. Pedretti, G. Pessina, S. Pirro, E. Previtali, B. Quiter, L. Risegari, C. Rosenfeld, S. Sangiorgio, M. Sisti, A. R. Smith, Toffanin, L. Torres, G. Ventura, N. Xu

Physics

In the last 10 years bolometers have become extremely powerful detectors in the search for rare events, due to their very good resolution. Cuoricino, a 62 bolometer array, in the first months of activity reached a resolution (average in all detectors) in the energy region of interest (2528 keV) of 7 keV and a limit on the tn_1/2 of the process of 7.5·10n²³y. Cuoricino’s 62 detectors constitute the biggest number of macrobolometers (790 g each) ever cooled and demonstrate the feasibility of large arrays of bolometers. Following the indication of Cuoricino in CUORE R&D a new detector …

Cisplatin Nephrotoxicity And Hydration Protocols, Ahmed Usman, Heeranand Keswani, Suresh Nagdev,, Ghulam H, Tehseen Khursheed,, Anis Malik,, Kasif Jafferi

Department of Medicine

Objective : Ahmed Usman, Heeranand Keswani, Suresh Nagdev, Ghulam Haider, Tehseen Khursheed, Anis Malik, Kasif Jafferi To evaluate the nephrotoxicity of cisplatiri in cancer patients, using different protocols of hydration.

Study Design : Randomized controlled trial.

Patients & Methods : This study was conducted between 1st June to 30th November 2004. Ninetynine patients with normal renal function were enrolled in the study and randomly assigned into the 3 study groups, each group having 33patients. In group 1 hydration was done with saline (2 liter) alone, in group 2 with saline (2 liter) and furosemide (40mg) and in group 3 with …

The $7 Trillion Question: Mutual Funds & Investor Welfare - Fund Governance Going Forward, Diane Ambler, John C. Bogle, William Foulk, James Hanks

Journal of Business & Technology Law

No abstract provided.

The $7 Trillion Question: Mutual Funds & Investor Welfare - Reflections On The Evolution Of Mutual Fund Governance, John C. Bogle

Journal of Business & Technology Law

No abstract provided.

Information Outlook, January 2006, Special Libraries Association

Information Outlook, 2006

Volume 10, Issue 1

When Is A Wetland Not A Wetland, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick

Law Faculty Scholarship

No abstract provided.

Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Money As A "Specific" Remedy, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

All Faculty Scholarship

Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.

Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.

The real world of higher education, of course, is not quite so wonderful.

Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but, …

Legal Indeterminacy Made In America: American Legal Methods And The Rule Of Law, James Maxeiner

All Faculty Scholarship

The thesis of this Article is that the indeterminacy that plagues American law is "Made in America." It is not inherent in law. Rather, it is a product of specific choices of legal methods and of legal structures made in the American legal system.

Legal Representation Of Birth Parents And Adoptive Parents, Elizabeth Samuels

All Faculty Scholarship

The Article examines the role that legal representation of birth and prospective parents may or may not play in independent domestic adoptions in furthering two primary goals that characterize ethically and humanely conducted adoptions, deliberate decision making and finality. Ideally, these two goals are complementary and can be balanced with one another. There is, however, a danger of the second goal eclipsing the first. Many state laws appear to value an increase in infant adoptions over the goal of encouraging careful deliberation. Most domestic infant adoptions involve powerful market forces as well as powerful emotional pressures, and they occur in …

When Are Agreements Enforceable? Giving Consideration To Professor Barnett's Consent Theory Of Contract, James Maxeiner

All Faculty Scholarship

This address considers five points: (1) the place of theory in American contract law; (2) the basic elements of Professor Barnett's theory are; (3) how these elements are similar to Continental law; (4) what it says about the American legal world that Barnett's theory has been discussed without reference to Continental systems; and, finally, (5) why I believe the American model is not a good one for a future European Civil Code but also hope that such a Code will become law.

Internet Cookies: When Is Permission Consent?, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

Environmental Negligence: A Proposal For A New Cause Of Action For The Forgotten Innocent Owners Of Contaminated Land, Melanie R. Kay

Publications

No abstract provided.

Book Note: Reviewing Gary C. Hufbauer And Jeffrey J. Schott, Nafta Revisited: Achievements And Challenges (2005), Vivek Krishnamurthy

Publications

No abstract provided.

Some Animals Are More Equal Than Others: The Rehnquist Court And "Majority Religion", Garrett Epps

All Faculty Scholarship

The Rehnquist court began a revolution in the law of church and state that the Roberts Court may continue. This article analyzes Justice Scalia's rhetoric in dissents in Lee v. Weisman and McCreary County v. American Civil Liberties Union to suggest that the aim of the revolution, having been first enunciated as "equality" for religions values and expression, has now shifted to transformation of the Establishment Clause dialogue to permit a favored place in public life for "majority religion."

Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.

Advancing The Cra—Using The Cra's Strategic Plan Option To Promote Community Inclusion: The Cra And Community Inclusion, Cassandra Jones Havard

All Faculty Scholarship

Banks, banking regulators, and community organizations have spent nearly thirty years interpreting and re-interpreting the simple but ambiguous mandate of the Community Reinvestment Act (CRA). The statute imposes an affirmative duty requiring "regulated financial institutions to have continuing... obligations to help meet the credit needs of the local communities in which they are chartered." The CRA was met with much resistance and lax enforcement for almost a decade. Active protest from community groups, a more defined CRA exam, and innovative, profitable lending strategies, have resulted in a dramatic increase in community reinvestment dollar commitments and in loans to low- and …

That Pernicious Pop-Up, The Prima Facie Case, Michael Hayes

All Faculty Scholarship

This article first explains the role the prima facie case has played in discrimination cases, from its creation in McDonnell Douglas through the Supreme Court's decisions in Aikens and Reeves, up to the application of Reeves by lower courts in the past several years. Next, this article focuses on Reeve's identification of "strength of the prima facie case" as a factor to be considered on summary judgment, and discusses why it would be unwise and unworkable to interpret the words "prima facie case" in that factor as having the same meaning as the "prima facie case" proved in the first …

The Grokster Dead-End, Bryan H. Choi

Publications

No abstract provided.