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Full-Text Articles in Law
Limited Admissibility And Its Limitations, Lisa Dufraimont
Limited Admissibility And Its Limitations, Lisa Dufraimont
Articles & Book Chapters
Among the challenges facing juries and judges in adjudicating cases is the obligation to use evidence for limited purposes. Evidence inadmissible for one purpose is frequently admissible for other purposes, a situation known as "limited admissibility". Where limited admissibility arises in jury trials, courts generally deliver limiting instructions outlining the inferences that can legitimately be drawn from the evidence and identifying prohibited lines of reasoning to be avoided. Limiting instructions represent an expedient solution to limited-admissibility problems, but they create obvious problems of their own. A thoughtful observer might suspect-as psychological studies confirm-that limiting instructions are likely to fail in …
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
We Are All Here To Stay? Indigeneity, Migration, And ‘Decolonizing’ The Treaty Right To Be Here, Amar Bhatia
Articles & Book Chapters
This article examines issues of transnational migration in the settler-colonial context of Canada. First, I review some of the recent debates about foregrounding Indigeneity and decolonization in anti-racist thought and work, especially in relation to critical and anti-racist approaches to migration. The article then moves from this debate to the question of ‘our right to be here’, the relationship of this right to the treaties, and how migrant rights and treaty relations perspectives might interact in a context that must be informed by Indigenous laws and legal traditions.
A Story Of Marguerite: A Tale About Panis, Case Comment, And Social History, Signa A. Daum Shanks
A Story Of Marguerite: A Tale About Panis, Case Comment, And Social History, Signa A. Daum Shanks
Articles & Book Chapters
Those interested in social history contend that social norms deserve attention due to how they impact and are affected by historical events. This subfield has contributed significantly to how larger historical mosaics are understood, and how themes specific to marginalized groups are appreciated today. By presenting the story of enslaved Indigenous woman in New France who was the first Indigenous civil litigant in Canadian history, and focusing on her representation in the colonial legal system, a number of themes emerge. Canada’s history of slavery becomes better understood, and in so doing, a challenge to social historians is presented. By examining …
Security Interests In Bank Deposits Under Ucc Article 9: A Perspective, Benjamin Geva
Security Interests In Bank Deposits Under Ucc Article 9: A Perspective, Benjamin Geva
Articles & Book Chapters
In the course of the 19th century, the process of the characterization of the bank deposit as a loan, so as to be owned by the banker to the customer as a debt on a loan, reached in the common law its logical conclusion. The landmark case is Foley vs Hill.
Realizing The Potential Of The Principled Approach To Evidence, Lisa Dufraimont
Realizing The Potential Of The Principled Approach To Evidence, Lisa Dufraimont
Articles & Book Chapters
Ron Delisle's concern that lawyers and judges be constantly mindful of the purposes and policies underlying the rules of evidence led him to become one of the pioneers of the principled approach to evidence. This paper seeks to evaluate the extent to which the efforts of Canadian courts to incorporate principles into evidence law have alleviated the problem of the complexity of the traditional rules. Evidentiary rules are complex because they are dense or technical. Evidentiary principles are more capable of flexible and contextual application than evidentiary rules, but principles too are complex in the sense that they are less …
Lost And Found, Sonia Lawrence
Lost And Found, Sonia Lawrence
Articles & Book Chapters
My reflections from the original symposium have been misplaced. They are inside a notebook I cannot find. The videotape of the day has been taped over. I do not remember what I said, probably because I have said too much in the interim. My thoughts, sentences, words, they happened, but they are lost.
When thinking about “Reigniting Critical Race” I think about my lost words. What does it mean to say “CRT as a lens is absent within the contemporary law school curriculum” when it is not absent, but unseen? I do not mean to suggest that anywhere in Canada, …
‘Islands Of Empowerment’: Anti-Discrimination Law And The Question Of Racial Emancipation, Faisal Bhabha
‘Islands Of Empowerment’: Anti-Discrimination Law And The Question Of Racial Emancipation, Faisal Bhabha
Articles & Book Chapters
In her evocative masterpiece, The Alchemy of Race and Rights, published in 1991, Patricia Williams captured a moment in American legal thought that marked a turning point in expressions about race and power, and the implications for social equality. It contained lessons extending beyond America’s unique race history, to the general social and political dynamics in liberal democracy that create conditions of privilege and exclusion. She invited us to think about the place of law in the social and institutional practices that sustain status quo hierarchies, despite proclaimed civil rights commitments to justice. She also inspired hope that the role …
Experiences With Digitization Of Customary Court Cases In South Western Nigeria, Yemisi Dina
Experiences With Digitization Of Customary Court Cases In South Western Nigeria, Yemisi Dina
Articles & Book Chapters
This article describes my experiences on the digitization project of customary court cases in South Western Nigeria. I made a presentation to the African Section of the FCIL-SIS at the 106th Annual Meeting of the AALL on July 15, 2013.
Customary law is based on the tradition, customs and values of the people, and it varies in different ways. The terminology “customary law”, according to Park, is just a blanket description, as there are so many ethnic groups. Customary law covers various legal systems depicting each tribe’s customs and values. These are the two forms of customary law that are …
Ideas Of Fairness In Financial Services Dispute Resolution, Mary Condon
Ideas Of Fairness In Financial Services Dispute Resolution, Mary Condon
Articles & Book Chapters
In this chapter, I consider the various ways in which the idea of fairness is given content in this dispute resolution regime and try to understand how and why some of these ideas achieve legitimacy and some do not. A few framing comments should be made. First, the context for the analysis of fairness in this regime is that of two-party disputes, a context with which lawyers arc very familiar. On the other hand, the basic premise of the kinds of dispute resolution services discussed in this chapter is that they arc outside the formal legal system. For example, Gilad …
Taxation Of Non-Residents On Business Profits, Jinyan Li
Taxation Of Non-Residents On Business Profits, Jinyan Li
Articles & Book Chapters
The taxation of non-residents on business profits is important to developing countries in terms of raising revenue and encouraging foreign investment and trade. The source country has the legitimate right to tax business profits arising in its jurisdiction. Tax treaties impose no limits on such taxing rights, other than the obligation to tax net profits (instead of gross profits) in some situations, once the threshold for taxation is satisfied. As such, this source of tax revenue belongs to the source country. There is generally little expectation of the residence country of a non-resident taxpayer in sharing the tax revenue. It …
Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott
Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott
Articles & Book Chapters
No abstract provided.
Children Of Two Logics: A Way Into Canadian Constitutional Culture, Benjamin Berger
Children Of Two Logics: A Way Into Canadian Constitutional Culture, Benjamin Berger
Articles & Book Chapters
Through an analysis of the Canadian case, this article explores the tension between the universal and the particular in modern constitutional imagination, arguing that the points of friction between these two “logics” of constitutionalism are invaluable entry points into understanding the defining features of various constitutional cultures. The article argues that to understand Canadian constitutional culture, both at the structural level and also in the finer strokes surrounding given issues, one must appreciate that Canadians are the children of two constitutional logics: that of the local, the particular, and harmonious relations between diverse communities achieved through political compromise, and that …