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Full-Text Articles in Law
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
Dalhousie Law Journal
The tone and thrust of the Ontario Court ofAppeal's decision in R. v. Hamilton will serve to chill efforts by sentencing judges to tailor their responsibilities to accord with the recognized realities of systemic and intersectional inequality in Canadian society The decision presents an unduly conservative response to the judicial function question, and an understandable, if excessively cautious, answer with regard to the application of systemic, intersectional inequality issues in practice. Specifically, the decision underplays the overall remedial goal of section 718 of the Criminal Code by overemphasizing the particularity of Aboriginal peoples, and ignoring the specificity of especially vulnerable …
Spaceship Sheriffs And Cosmonaut Cops, Lee Seshagiri
Spaceship Sheriffs And Cosmonaut Cops, Lee Seshagiri
Dalhousie Law Journal
This paper examines some of the current legal regimes applicable to criminal law in outer space and offers insights into options for future legal developments in the cosmos. It begins by setting out the context for law enforcement in outer space, emphasizing the commercial nature of future space exploration and the need for laws and law enforcement in that environment. Next, various methods for assigning legal jurisdiction in space are examined, and the underlying justifications for the exercise of such jurisdiction are considered. The paper goes on to explore preventative approaches to space crime, highlighting the usefulness of such approaches …