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Judicial Activism In Transnational Business And Human Rights Litigation, Hassan M. Ahmad
Judicial Activism In Transnational Business And Human Rights Litigation, Hassan M. Ahmad
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This article explores a more expansive adjudicative role for domestic judiciaries in the U.S., U.K., and Canada in private law disputes that concern personal and environmental harm by multinational corporations that operate in the Global South. This expansive role may confront—although not necessarily upend—existing understandings around the separation of powers in common law jurisdictions. I canvass existing literature on judicial activism. Then, I detail legality gaps in the selected common law home states, which can be broken down into four categories: i) failed legislation; ii) deficient legislation; iii) judicial restraint; and iv) judicial deference.
I suggest three ways to actualize …
Introduction: Canada's Chief Justice: Beverley Mclachlin's Legacy Of Law And Leadership, Marcus Moore
Introduction: Canada's Chief Justice: Beverley Mclachlin's Legacy Of Law And Leadership, Marcus Moore
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Summarizes the legacy of law and leadership of Beverley McLachlin, the longest-serving Chief Justice of the Supreme Court of Canada (2000-2017), and first female Chief Justice.
The Role Of Courts In Assisting Individuals In Realizing Their S. 2(B) Right To Information About Court Proceedings, Graham Reynolds
The Role Of Courts In Assisting Individuals In Realizing Their S. 2(B) Right To Information About Court Proceedings, Graham Reynolds
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In this paper, I argue that Canadian courts ought to take all reasonable steps to assist individuals in fully realizing their s. 2(b) right to information about court proceedings, both by providing individuals with online access to information about court proceedings (directly and by partnering with third parties), and by implementing policies on the use of electronic devices in courts that minimize restrictions on the ability of individuals and news media to disseminate information about court proceedings to the public. This paper will proceed as follows. I will begin by establishing that individuals are entitled, under s. 2(b) of the …