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Articles 1 - 18 of 18
Full-Text Articles in Law
Intangible Justice? Intellectual Property Disputes And Canadian Small Claims Courts, Anthony D. Rosborough, Reagan Seidler
Intangible Justice? Intellectual Property Disputes And Canadian Small Claims Courts, Anthony D. Rosborough, Reagan Seidler
Articles, Book Chapters, & Popular Press
This article investigates the jurisdiction and institutional competence of Canadian small claims courts and tribunals with respect to complex claims, and in particular, intellectual property (IP) claims. Recent research points to an increase in these types of claims. A doctrinal analysis finds small claims bodies have wide jurisdiction over intellectual property infringement, contract, and licensing disputes. They can also rule on issues of validity, though they cannot affect registrations in the databases of the Canadian Intellectual Property Office. Remedies including damages, accountings, and the recovery of infringing goods are available in many provinces. As to their capacity, the article assesses …
Legalizing Assisted Dying: Cross Purposes And Unintended Consequences, Emily Jackson
Legalizing Assisted Dying: Cross Purposes And Unintended Consequences, Emily Jackson
Dalhousie Law Journal
In the UK, assisted dying continues to be unlawful, and pro-legalization campaigners have made use of human rights based applications for judicial review and Private Members Bills in order to try to change the law. Interestingly, however, the proposed statute would not offer an assisted death to many of the litigants who have sought to force Parliament's hand. This article considers whether this a one-off peculiarity, or whether there might be other mismatches between what the law can achieve and what matters most to people who are seeking an assisted death for themselves. It also explores what seems to be …
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault
Articles, Book Chapters, & Popular Press
Whether the researchers themselves, rather than the institution they work for, are at all in a position to implement OA principles actually depends on the initial allocation of rights on their works. Whereas most European Union Member States have legislation that provides that the copyright owner is the natural person who created the work, the copyright laws of a number European countries, including those of the Netherlands and the United Kingdom, establish a presumption, according to which the copyright of works made in the course of employment belongs initially to the employer, which in this case would be the university. …
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …
Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg
Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg
Dalhousie Law Journal
For litigants raising a matter of public interest, the possibility of facing an adverse costs award if unsuccessful may act as a deterrent to pursuing their legal claim. The author evaluates a form of costs order called "costs immunity," referred to as "protective costs orders" (PCOs) in the U.K., as a means of removing the deterrent effect of costs on public interest litigants. Part Iprovides an overview of costs law in Canada. Part // reviews the various types of costs orders employed by Canadian courts to facilitate access to justice in public interest litigation. Part Ill explores the English experience …
Access To Justice And The Ethics And Politics Of Alternative Business Structures, Richard Devlin, Ora Morison
Access To Justice And The Ethics And Politics Of Alternative Business Structures, Richard Devlin, Ora Morison
Articles, Book Chapters, & Popular Press
Despite ongoing concern about access to justice in Canada, the problem persists. Meanwhile, the basic model for legal practice in Canada is the same as when the profession first emerged centuries ago in England. Only lawyers can own and control legal practices. This is not the case in other common law jurisdictions where rules have evolved to allow nonlawyers to own the companies that provide legal services. Based on a comparative analysis of the development of these alternative business structures (ABSs) in Australia and the United Kingdom, and the nondevelopment of ABSs in the United States, the authors argue that …
Ontario’S Administrative Tribunal Clusters: A Glass Half-Full Or Half-Empty For Administrative Justice?, Lorne Sossin, Jamie Baxter
Ontario’S Administrative Tribunal Clusters: A Glass Half-Full Or Half-Empty For Administrative Justice?, Lorne Sossin, Jamie Baxter
Articles, Book Chapters, & Popular Press
Claimants who come to administrative tribunals in Canada, as elsewhere, expecting a convenient forum to resolve their problems may discover that institutional resources and expertise, their own knowledge of the system, and their statutory entitlements and legal rights are fragmented between agencies with diverse norms and mandates. The provincial government of Ontario in Canada has recently enacted a novel strategy called tribunal clustering to confront these challenges. This paper explores the structure and rationales behind Ontario’s new tribunal clusters and compares these with reform models in Australia and the United Kingdom. The authors argue that tribunal clusters offer a flexible …
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Dalhousie Law Journal
The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.
The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins
The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins
Dalhousie Law Journal
This article reviews the institutional and substantive impact that the Human Rights Act has on English law through its incorporation of the European Convention on Human Rights. Under the Act, higher courts can now move beyond a formalistic method of judicial review and substantively evaluate legislation in light of the Convention. The judiciary can accordingly issue declarations that statutes are incompatible with the Convention which, although not invalidating the act in question, will bring considerable political pressure to bear on Parliament to ensure compliance. The Act further directs courts to give special regard to the decisions of the European Court …
Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine
Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine
Dalhousie Law Journal
The legal limits of drug and alcohol testing by employers in the Atlantic Canada offshore are not yet entirely clear. To shed light on where these limits may lie, the authors examine the relevant law in the United Kingdom and the United States, together with the law on testing in Canada generally and the applicable provisions of the Accord Acts.
The Best Things In Law Are Free?: Towards Quality Free Public Access To Primary Legal Materials In Canada, Teresa Scassa
The Best Things In Law Are Free?: Towards Quality Free Public Access To Primary Legal Materials In Canada, Teresa Scassa
Dalhousie Law Journal
In this article the author explores the move in several jurisdictions towards providing primary legal materials online without charge. In Canada the federal government, most provincial governments and many courts currently provide some form of online access to primary legal materials. However, this is not done in a unified, comprehensive or systematic manner. The author evaluates the "legal information institute" model as it has emerged in Australia, the United Kingdom and the United States, and considers whether such a model would be useful or workable in Canada. In the course of this assessment, the author canvasses such issues as the …
Accountability Of Health Service Providers:Comparing Internal Markets And Managedcompetition Reform Models, Colleen M. Flood
Accountability Of Health Service Providers:Comparing Internal Markets And Managedcompetition Reform Models, Colleen M. Flood
Dalhousie Law Journal
A numberof countries, including the U.K., NewZealand, the Netherlands, and the U.S., have attempted to reform their health care systems using "internal market" or "managed competition" reform models. These models signal a departure from reliance on passive indemnity payers or insurers and require proactive purchasers to intervene actively and manage allocation decisions made by physicians. The author explores how these models will ensure the accountability of these new decision-makers to the citizens and patients they ultimately represent. Neither model is found to address accountability issues sufficiently. However, the managed competition model offers the promise of tailoring market (exit), political (voice) …
The Impact Of The Purchaser Provider Funding Model Inthe U.K. On The Independence Of Persons With Disabilities:Implications For Canada, Sandra G. Leggat, Gaétan S. Tardif
The Impact Of The Purchaser Provider Funding Model Inthe U.K. On The Independence Of Persons With Disabilities:Implications For Canada, Sandra G. Leggat, Gaétan S. Tardif
Dalhousie Law Journal
Through large-scale system restructuring, a number of jurisdictions around the world have adopted a purchaserprovider approach to the funding and delivery of health care services. In this model, a decision-making body, such as a regional board, is provided with a budget to purchase health care services on behalf of, and in response to the identified needs of a defined population. This paper reviews the purchaser provider funding model of the United Kingdom and comments on the impact of this system on the health needs of individuals with disabilities. Generally, the purchaser provider split in the U.K. appears to have resulted …
Losing The Struggle For Another Voice: The Case Of Family Law, Carol Smart
Losing The Struggle For Another Voice: The Case Of Family Law, Carol Smart
Dalhousie Law Journal
This paper is based on empirical work in progress concerning co-parenting and the ways in which mothers and fathers organize the care of children after separation. It deals with two foundational issues: Gilligan's concept of "another voice" and its congruence with recent developments in family law in the United Kingdom and otherdeveloped countries including Canada and the United States. The author concludes that the ethic of care incorporated in the British legislation and given some expression in the judicial system does not fully recognize two kinds of caring. There is caring about and caring for. The caring about of fathers …
Identifying A Future Refugee Problem: Hong Kong 1997, Daniel C. Turack
Identifying A Future Refugee Problem: Hong Kong 1997, Daniel C. Turack
Dalhousie Law Journal
On December 19, 1984, the United Kingdom's Prime Minister, Margaret Thatcher, and Premier Zhao Ziyang of the People's Republic of China, formally signed the Sino-British Joint Declaration on the Question of Hong Kong whereby the status of the British Dependent Territory of Hong Kong will cease to exist. As of July 1, 1997, the Chinese Government of the People's Republic of China (PRC) will resume or be restored to sovereignty over the total territory known as Hong Kong.
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Dalhousie Law Journal
The invitation to me, as present Chairman of the Law Commission for England and Wales, to take part in this centenary celebration of Dalhousie Law School was both an honour conferred on our Law Commission and a recognition of our shared heritage of the common law and of the spirit and endeavour of law reform shared by the legal systems of Canada and of the United Kingdom. Greater honour was done to my office and to me by the conferring of the Honorary Degree of Doctor of Laws of this great university in such distinguished company.' This particular honour I …
Approaches To Bilateral Loan Agreements Between Developed And Developing States: Some Lessons From The Practice Of Denmark, The United Kingdom And The United States, A. O. Adede
Dalhousie Law Journal
An earlier study,' relying upon texts of bilateral loan agreements concluded between Denmark and certain developing countries, 2 and between the United Kingdom and certain developing countries, 3 discloses that there is a need for further examination of the subject for the purposes of updating and assessing the trend of developments in this area of international law. This paper is accordingly designed to offer comparative analysis of the more recent approaches to bilateral loan agreements concluded by Denmark, the United Kingdom and the United States with a number of developing countries. The selection of these three developed, market economy States …
The Worker And The Law, Innis Christie
The Worker And The Law, Innis Christie
Innis Christie Collection
Professor Wedderburn's addition to the Pelican Law Series is, in keeping with the best of that series, an excellent introduction to the industrial law of the United Kingdom. Like its predecessors this book is written "both for the general reader and for the student of our social and legal system". However, general readers will have to be rather sophisticated in the law to stay with Professor Wedderburn from "The Foundations of Labour Law", through five chapters on the "law of industrial peace" and four on the "law of industrial conflict", to his conclusion.