Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Law

Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood Oct 1997

Lessons From Away:An Interdisciplinary Collectionof Studies Exploring Whatcanada May Learn From Othercountries' Experiences Withhealth Care Reforms, Colleen M. Flood

Dalhousie Law Journal

The Canadian health care system is considered a shining example of what it is to be Canadian: to aspire to social justice goals and to achieve those goals at a reasonable cost.' Canadians take great pride in that, by any measure, their health care system is superior to the piece-meal, expensive, and unjust U.S. health care system.


Common Law, Property Rights And The Environment: A Comparative Analysis Of Historical Developments In The United States And England And A Model For The Future, H. Marlow Green Apr 1997

Common Law, Property Rights And The Environment: A Comparative Analysis Of Historical Developments In The United States And England And A Model For The Future, H. Marlow Green

Cornell International Law Journal

No abstract provided.


Lost In The Translation: Two Legal Cultures, The Common Law Judiciary And The Basic Law Of The Hong Kong Special Administrative Region, Ann D. Jordan Apr 1997

Lost In The Translation: Two Legal Cultures, The Common Law Judiciary And The Basic Law Of The Hong Kong Special Administrative Region, Ann D. Jordan

Cornell International Law Journal

No abstract provided.


Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth Apr 1997

Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth

Dalhousie Law Journal

The author points out that the existing legislative scheme for interprovincial enforcement of maintenance orders is premised on common law rules which have nowbeen rejected by the Supreme Court of Canada. Those same Supreme Court decisions have opened the door for new legislative approaches to intra-Canadian enforcement of these obligations. This paper surveys a variety of new responses based on models in other federal states and on conventions implementing international maintenance enforcement schemes. It examines the pros and cons of each and concludes that any one of them would be superior to the scheme now in force in Canada.


Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig Apr 1997

Guilty Plea Revocation, Constitutional Waiver, And The Charter: "A Guilty Plea Is Not A Trap", John Dr Craig

Dalhousie Law Journal

The entry of a guilty plea has significant constitutional ramifications. It relieves the Crown of its obligation to prove the elements of an offence beyond a reasonable doubt and constitutes a waiver by the accused of various rights including the right to put the Crown's case to the test of a trial, the right to confront Crown witnesses through cross-examination and the right to remain silent in relation to the determination of legal guilt. In light of these constitutional dimensions, the article considers an issue which has received little academic attention: the revocation of a guiltyplea. The authorassesses the existing …


Adjudication As Representation, Christopher J. Peters Mar 1997

Adjudication As Representation, Christopher J. Peters

All Faculty Scholarship

This Article sets forth an interpretive theory of adjudicative lawmaking according to which, under certain conditions, such lawmaking ensures constructive participation through interest representation and thus is not inherently nondemocratic. The author contends that the idea of ‘judicial activism,‘ courts deciding issues better left to political processes or substituting the personal ‘values‘ of judges for law, is based on the incorrect assumptions that courts are unconstrained and nonrepresentative. Instead, when adjudication operates in an archetypal way, it produces law in a manner similar to the parliamentary legislation process. Courts making law are constrained by the process of participatory decisionmaking--the production …


The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson Jan 1997

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the courts …


Things Judges Do: State Statutory Interpretation, Judith S. Kaye Jan 1997

Things Judges Do: State Statutory Interpretation, Judith S. Kaye

Touro Law Review

No abstract provided.


Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat Jan 1997

Gasperini In Line With Erie: New York Law Determines Excessiveness Of Verdict In Diversity Cases, Edie C. Grinblat

Touro Law Review

No abstract provided.


Common Law Elements Of The Section 1983 Action, Jack M. Beermann Jan 1997

Common Law Elements Of The Section 1983 Action, Jack M. Beermann

Faculty Scholarship

This Article explores the role of the common law in Supreme Court interpretation and application of § 1983, which grants a cause of action for violations of constitutional rights committed "under color of any [state] statute, ordinance, regulation, custom or usage."' I argue that the common law has served primarily to narrow the reach of § 1983, and that this is inappropriate in light of the broad statutory language and the absence of good evidence that the enacting Congress intended a narrower application than the statutory language indicates.


Warranties Of Title, Foreclosure Sales, And The Proposed Revision Of U.C.C. 9-504: Has The Pendulum Swung Too Far , Robyn L. Meadows Jan 1997

Warranties Of Title, Foreclosure Sales, And The Proposed Revision Of U.C.C. 9-504: Has The Pendulum Swung Too Far , Robyn L. Meadows

Fordham Law Review

No abstract provided.


The Law Of Our Land: Customary International Law As Federal Law After Erie, Beth Stephens Jan 1997

The Law Of Our Land: Customary International Law As Federal Law After Erie, Beth Stephens

Fordham Law Review

No abstract provided.


The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora Jan 1997

The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora

Touro Law Review

No abstract provided.


Fair Use In American And Continental Laws, Omar M.A. Obeidat Jan 1997

Fair Use In American And Continental Laws, Omar M.A. Obeidat

LLM Theses and Essays

Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …