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Full-Text Articles in Law
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Articles & Book Chapters
This article describes the law of defamation, with advice to realtors on how to avoid defaming others.
Book Review: From Crisis To Reform: A New Legal Aid Plan For Ontario, Mary Jane Mossman
Book Review: From Crisis To Reform: A New Legal Aid Plan For Ontario, Mary Jane Mossman
Articles & Book Chapters
This is a review of From Crisis to Reform: A New Legal Aid Plan for Ontario, a report funded by the Donner Canadian Foundation.
International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood
International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood
Articles & Book Chapters
Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law.1 He went as far as to call for a 'joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda for joint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …
Valorizing The Subjunctive: The Unfortunate Judicial Contribution Of R. V. Carosella, Jim Smith, Richard Haigh
Valorizing The Subjunctive: The Unfortunate Judicial Contribution Of R. V. Carosella, Jim Smith, Richard Haigh
Articles & Book Chapters
Nick Carosella owes his freedom from conviction on gross indecency charges not to a single judge or jury, but to two entities whom he has never met. These two-the Supreme Court of Canada and the Windsor Sexual Assault Crisis Centre-have transformed a handful of written notes into an ambiguous extension of the concept of relevance. The latter organization, by destroying the complainant's counselling records, forced the former to revisit, via the Charter, 1 the relevance of such records. At the end of the day, the fates of Carosella and his alleged victim seem almost incidental to the Court's latest installment …
High Tech Lending: Maintaining Priority In An Intangible World, Richard Haigh, Marc R. Mercier
High Tech Lending: Maintaining Priority In An Intangible World, Richard Haigh, Marc R. Mercier
Articles & Book Chapters
Financing intangible intellectual property in Canada presents some novel demands on lenders because of the interaction of provincial security schemes with federal intellectual property legislation. This article looks at the relative ease with which security interests in intangible property may be obtained under provincial personal property security regimes, and then at the various federal intellectual property statutes which exhibit more of a piecemeal approach to financing. In addition, a number of constitutional issues arise because of this jurisdictional split, and the article explores these issues, comparing the situation in Canada with that in the United States. The article suggests that …
Independence After Matsqui?, Richard Haigh, Jim Smith
Independence After Matsqui?, Richard Haigh, Jim Smith
Articles & Book Chapters
The authors look at the Supreme Court's latest fully reasoned decision on independence in Canadian Pacific v. Matsqui, where native tribunals were found to be biased because of certain institutional characteristics. The authors argue that the court employs, on the one hand, a very simplified analysis of independence, but at the same time, sets standards for testing independence and bias in tribunals that are impossible to adequately quantify in practice. Neither the reasoning of Lamer C.J, nor Sopinka J. is adequate to address the full range of tribunal experience; in fact, the Supreme Court examines administrative tribunals as if they …