Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Attorney General (2)
- Canadian Charter of Rights and Freedoms (2)
- Artificial Intelligence (1)
- Automation (1)
- Blogger (1)
-
- Canada (1)
- Chilling Effects (1)
- Climate Change (1)
- Copyright (1)
- DMCA (1)
- Digital Copyright (1)
- Digital Millennium Copyright Act (1)
- Ecological Sustainability (1)
- Empirical Legal Studies (1)
- Feminist Theory (1)
- Floorcrossing (1)
- Google (1)
- Human Rights (1)
- Impact Assessment (1)
- Lawmaking (1)
- Legal Advice (1)
- Legal Automation (1)
- Legal Ethics (1)
- Legislation (1)
- Machine Learning (1)
- Manitoba (1)
- Micro-Directive (1)
- Minister of Justice (1)
- Party switching (1)
- Personalization (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Unconstitutional Or Just Unworkable? The Life And Death Of A Prohibition On Floor-Crossing In Fletcher V The Government Of Manitoba, Andrew Martin
Unconstitutional Or Just Unworkable? The Life And Death Of A Prohibition On Floor-Crossing In Fletcher V The Government Of Manitoba, Andrew Martin
Articles, Book Chapters, & Popular Press
Fletcher v the Government of Manitoba is the first reported challenge to a floor-crossing prohibition under the Canadian Charter of Rights and Freedoms. This case comment begins with the legislative history of the challenged provision and then provides an overview and critique of the reasons in Fletcher. Against this backdrop, it then reflects on the lessons of the case in two respects. The first is the difficulty in translating a policy idea into legislation – specifically, defining the conduct to be prohibited and determining the appropriate deterrent or penalty for breach. The second respect is the government’s role in …
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
Articles, Book Chapters, & Popular Press
In Schmidt v Canada (Attorney General), the Federal Court of Appeal interpreted a series of provisions requiring the Minister of Justice to inform the House of Commons if government bills or proposed regulations are “inconsistent with” the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The Federal Court of Appeal, like the Federal Court below, held that these provisions are triggered only where there is no credible argument for consistency. In doing so, both Courts relied, in part, on a separation of powers argument. They stated that the Minister of Justice and Attorney General is not …
Privacy And Legal Automation: The Dmca As A Case Study, Jonathon Penney
Privacy And Legal Automation: The Dmca As A Case Study, Jonathon Penney
Articles, Book Chapters, & Popular Press
Advances in artificial intelligence, machine learning, computing capacity, and big data analytics are creating exciting new possibilities for legal automation. At the same time, these changes pose serious risks for civil liberties and other societal interests. Yet, existing scholarship is narrow, leaving uncertainty on a range of issues, including a glaring lack of systematic empirical work as to how legal automation may impact people’s privacy and freedom. This article addresses this gap with an original empirical analysis of the Digital Millennium Copyright Act (DMCA), which today sits at the forefront of algorithmic law due to its automated enforcement of copyright …
The Science, Law, And Politics Of Canada's Pathways To Paris: Introduction To Ubc Law Review's Special Section On Climate Change And Canada, Jason Maclean, Meinhard Doelle, Chris Tollefson
The Science, Law, And Politics Of Canada's Pathways To Paris: Introduction To Ubc Law Review's Special Section On Climate Change And Canada, Jason Maclean, Meinhard Doelle, Chris Tollefson
Articles, Book Chapters, & Popular Press
This brief essay introduces two articles comprising a special section of the UBC Law Review on climate change law and policy in Canada.
Feminist Statutory Interpretation, Kim Brooks
Feminist Statutory Interpretation, Kim Brooks
Articles, Book Chapters, & Popular Press
Leading Canadian scholar Ruth Sullivan describes the act of statutory interpretation as a mix of art and archeology. The collection, Feminist Judgments: Rewritten Tax Opinions, affirms her assessment. If the act of statutory interpretation requires us to deploy our interdisciplinary talents, at least somewhat unmoored from the constraints of formal expressions of legal doctrine, why haven’t feminists been more inclined to write about statutory interpretation? Put another way, some scholars acknowledge that judges “are subtly influenced by preconceptions, endemic privilegings and power hierarchies, and prevailing social norms and ‘conventional’ wisdom.” Those influences become the background for how judges read legislation. …