Digital Commons Network^™

J.S. V. Village Voice, Washington Supreme Court

Historical and Topical Legal Documents

No abstract provided.

Adsupply V. Google, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

In Re Bakers Footwear Group, Inc., United States District Court For The Eastern District Of Missouri

Historical and Topical Legal Documents

No abstract provided.

Mavrix V. Livejournal, United States District Court For The Central District Of California

Historical and Topical Legal Documents

SUPPLEMENTAL FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT

Rosland Capital V. Doe, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Spigen Korea 512(H) Subpoena To Amazon, United States District Court For The Central District Of California

Historical and Topical Legal Documents

No abstract provided.

Capitol Records V. Vimeo, United States Court Of Appeals For The Second Circuit

Historical and Topical Legal Documents

No abstract provided.

Alan J. Trudeau V. Lnu, United States District Court For The District Of Puerto Rico

Historical and Topical Legal Documents

No abstract provided.

Lbf V. Fareportal, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

First Amended Complaint

Martin V. Google, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Victoria's Secret Stores Brand Management, Inc. V. Cafepress Inc., United States District Court For The Southern District Of Ohio

Historical and Topical Legal Documents

No abstract provided.

Garcia V. Google News Organizations Brief, United States Court Of Appeals For The Ninth Circuit

Historical and Topical Legal Documents

No abstract provided.

Google V. Visa, United States District Court For The Eastern District Of Texas

Historical and Topical Legal Documents

No abstract provided.

Roberts V. Ebay, United States District Court For The District Of South Carolina

Historical and Topical Legal Documents

No abstract provided.

Chambers V. Amazon, United States District Court For The District Of South Carolina

Historical and Topical Legal Documents

No abstract provided.

Software & Information Industry Association 512(H) Subpoena To Ebay, United States District Court For The District Of Columbia

Historical and Topical Legal Documents

No abstract provided.

Brautigam V. East Whittier School District, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

A History Of Preferential Share In Ontario: Intestacy Legislation And Conceptions Of The Deserving Or Undeserving Widow, Louise M. Mimnagh

Dalhousie Journal of Legal Studies

Ontario’s current method for trying to ensure the fair distribution of an intestate’s estate, or the estate of an individual without a valid Last Will and Testament, is outlined in the Succession Law Reform Act. Specifically, section 45(1) outlines the foundational concept of a “preferential share,” which entitles the surviving spouse to a prescribed financial interest in the estate which is prioritized above all other heirs. The concept of a preferential share stands in sharp contrast with historical English common law methods of devolving intestate estates in which legal entitlements were heavily influenced by an individual’s gender and marital status. …

All Convictions Are Not The Same: Rethinking Cupe's Abuse Of Process Doctrine In Cases Involving Plea Bargains, Lara Kinkartz

Dalhousie Journal of Legal Studies

Historically, when a criminal conviction was introduced as evidence of guilt in a subsequent civil action, the convicted party was permitted to introduce rebuttal evidence to negate or mitigate the effect of the prior conviction. However, the Supreme Court of Canada’s 2003 decision in Toronto (City) v Canadian Union of Public Employees (CUPE) Local 79 has resulted in an unprecedented restriction on the ability to rebut a prior conviction. As a result of the CUPE decision, the doctrine of abuse of process now precludes rebuttal evidence in most cases. CUPE’s expanded abuse of process doctrine is troubling because, to date, …

Autonomous Weapons Systems: Taking The Human Out Of International Humanitarian Law, James Foy

Dalhousie Journal of Legal Studies

Once confined to science fiction, killer robots will soon be a reality. Both the USA and the UK are currently developing weapons systems that may be capable of autonomously targeting and killing enemy combatants within the next 25 years. According to Additional Protocol I to the Geneva Convention and customary international law, weapons systems must be capable of operating within the principles of International Humanitarian Law (IHL). This paper will demonstrate that without significant restrictions on the use of autonomous weapons systems (AWS) or the creation of a new legal framework, the use of AWS is problematic. First, there are …

A Case Study On The Legal Impacts Of Corporate Sustainability Pledges In The Alberta Oil Sands, Jeffrey Bone

Dalhousie Journal of Legal Studies

Suncor Energy Inc. is Canada’s largest oil and gas producer with significant operations in the Alberta oil sands. In its 2010 Sustainability Report, the corporation made several long-term environmental pledges. This paper confronts a hypothetical situation involving these environmental pledges. What if Suncor’s commitments prove to be effective from an environmental standpoint, but they become more costly from a financial perspective than Suncor anticipates? In accordance with their statutory fiduciary duties, Suncor directors have a choice to make between two options. First, the company could increase or maintain expenditures in order to meet these commitments. Second, the company could limit …

Grassroots Capitalism Or: How I Learned To Stop Worrying About Financial Risk In The Exempt Market And Love Equity Crowdfunding, Marco Figliomeni

Dalhousie Journal of Legal Studies

Crowdfunding represents a successful grassroots response to the funding gap present in many independent creative projects. While it traditionally operates on the basis of donations and rewards, the Ontario Securities Commission (OSC) has proposed implementing equity crowdfunding, which would permit the online sale of corporate securities to retail investors. This paper posits that equity crowdfunding should be adopted in Ontario. The ensuing growth in capital markets will ultimately benefit the Canadian economy and, in particular, the entertainment sector. The OSC’s proposed regulatory framework for a crowdfunding prospectus exemption is a step in the right direction. The streamlined process makes it …

Reciprocity: Fair Trade Of Free Trade? Challenging American Electricity Regulation Under Nafta, Hugh Goodday

Dalhousie Journal of Legal Studies

Restructuring in the American electricity market by the United States Federal Energy Regulatory Commission (FERC) has had a pervasive effect on Canadian utilities and their provincial regulators. This article argues that FERC’s application of Order No. 888 and its market-based rate authorization to Canadian utilities violates the doctrine of national treatment, a core tenet of the North American Free Trade Agreement (NAFTA), and supplants the principle of free trade with the principle of fair trade. Order No. 888 effectively requires Canadian utilities that export electricity across American transmission systems to provide their American trading partners with reciprocal access on comparable …

Stories Of 0s: Transgender Women, Monstrous Bodies, And The Canadian Prison System, Allison Smith

Dalhousie Journal of Legal Studies

Prisons regulate identities and what rights get recognized and protected in a prison setting. Gender is a core element of identity that is policed by the prison system and by the law that governs prisons. Focusing on developments within Canadian transgender jurisprudence, this paper explores how prisoners’ bodies that do not conform to a strict gender binary are defined as inhuman. By critically assessing the prison system and prison policy, this essay demonstrates how Canadian law has often failed to address the needs and lived experiences of transgender women in their interactions with the penal system. As case law demonstrates, …

Complicating The Simple Probability Principle: Developing A New Approach To Probabilistic Reasoning In Personal Injury Litigation, Nayha Acharya

Dalhousie Journal of Legal Studies

Canadian courts use simple probability reasoning inconsistently in personal injury litigation, subjecting litigants to irregular legal principles and potentially improper compensation. Turning to foundational principles of tort litigation, I suggest a new framework for the availability of simple probability that would promote greater coherence. Simple probability reasoning is understood as an alternative standard of proof that enables compensation for a loss proportional to the likelihood that the loss will occur. Accordingly, the availability of simple probability is thought to depend on which types of facts (past vs. future vs. hypothetical facts) are amenable to balance of probabilities proof versus simple …

A Tale Of Two Rights, Robin West

Georgetown Law Faculty Publications and Other Works

In part I of this article the author identifies and criticizes a cluster of constitutional rights, which she argues does tremendous and generally unreckoned harm to civil society, and does so for reasons poorly articulated in earlier critiques. At the heart of the new paradigm of constitutional rights that the author believes these rights exemplify is a “right to exit.” On this conception of individual rights, a constitutional right is a right to “opt out” of some central public or civic project. This understanding of what it means to have a constitutional right hit the scene a good two decades …

Sacred Trust Or Sacred Right?, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

This is the first chapter from The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child (Yale University Press, 2014.)

It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at …

Bond V. United States: Concurring In The Judgment, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Bond v. United States presented the deep constitutional question of whether a treaty can increase the legislative power of Congress. Unfortunately, a majority of the Court managed to sidestep the constitutional issue by dodgy statutory interpretation. But the other three Justices—Scalia, Thomas, and Alito—all wrote important concurrences in the judgment, grappling with the constitutional issues presented. In particular, Justice Scalia’s opinion (joined by Justice Thomas), is a masterpiece, eloquently demonstrating that Missouri v. Holland is wrong and should be overruled: a treaty cannot increase the legislative power of Congress.

Advocates, Federal Agencies, And The Education Of Children With Disabilities, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The aim of this essay, prepared for a symposium on dispute resolution in special education held at The Ohio State University Moritz College of Law in February 2014, is to highlight ways that advocates for children with disabilities can use federal agencies to improve the implementation and enforcement of federal laws protecting children with disabilities in schools—that is, the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act as it relates to schools.

One can spend a lot of time engaging with the contemporary public conversation about the law surrounding …

Agency Enforcement Of Spending Clause Statutes: A Defense Of The Funding Cut-Off, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

This article contends that federal agencies ought more frequently to use the threat of cutting off funds to state and local grantees that are not adequately complying with the terms of a grant statute. Scholars tend to offer four arguments to explain—and often to justify—agencies’ longstanding reluctance to engage in funding cut-offs: first, that funding cut-offs will hurt the grant program’s beneficiaries and so will undermine the agency’s ultimate goals; second, that federalism concerns counsel against federal agencies’ taking funds away from state and local grantees; third, that agencies are neither designed nor motivated to pursue funding cut-offs; and fourth, …