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Full-Text Articles in Law
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Constitutional Umitations On The Admiralty Jurisdiction Of The Federal Court, Robert W. Kerr
Dalhousie Law Journal
The constitutionality of the admiralty jurisdiction of the Federal Court of Canada has been in dispute in six recent Federal Court cases' on the basis of Supreme Court of Canada rulings that actual federal law, and not merely federal legislative authority, is necessary to constitutionally support the creation of a federal court under s. 101 of the British North America Act. 3 Although it does not yet appear to have been argued before the courts in a reported case, an even more serious potential challenge to this admiralty jurisdiction lies in another Supreme Court decision4 implying that federal power to …
Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster
Censorship And The Supreme Court: Re Nova Scotia Board Of Censors Et Al. V. Mcneil, William A. Mcmaster
Dalhousie Law Journal
On January 8, 1974, the Nova Scotia Amusements Regulation Board banned the showing of the film Last Tango in Paris. Gerard McNeil, the editor of a Dartmouth newspaper, decided to challenge the powers of the Board to make such prohibitions. He first appealed to the Lieutenant-Governor in Council, as required by section 3(4) of the Theatres and Amusements Act' but he was not recognized by that body as having the right to appeal. He then requested the Attorney-General to refer the constitutionality of the Act to the Appeal Division of the Supreme Court of Nova Scotia, but to no avail. …
Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung
Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung
Fordham Law Review
No abstract provided.
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
Northwestern Journal of International Law & Business
In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly …