Law Commons^™

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak

San Diego Journal of Climate & Energy Law

The Intergovernmental Panel on Climate Change—the UN’s expert science panel—has found that limiting climate change to prevent catastrophic harms will require at least some use of carbon capture and sequestration (CCS) unless the world rapidly shifts away from fossil fuels and reduces energy demand. There is significant uncertainty, however, about the level of lifecycle GHG reductions achievable in practice from varying CCS applications; some applications could even lead to net increases in emissions. In addition, a number of these applications create or maintain other harms, especially those related to fossil fuel extraction and use. For these reasons, many environmental justice …

The United States Should Take A Page Out Of Canadian Law When It Comes To Privacy, Genetic And Otherwise, Ashley Rahaim

University of Miami Inter-American Law Review

Genetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.

This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the …

Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer

University of Miami Inter-American Law Review

This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?

Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan

University of Miami Inter-American Law Review

This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …

Criminal Injustice: An Examination Of Racial Profiling And Discriminatory Police Practices In Canada And The United States, Patricia Advincula

Themis: Research Journal of Justice Studies and Forensic Science

The Black Lives Matter movement swept across the United States after the murders of black people at the hands of law enforcement. Not fully acknowledged in the media are the police brutality cases that have also occurred in Canada, a country that prides itself on tolerance, acceptance, and diversity. Police brutality is an unfortunate reality that stems from racial profiling, one of the many symptoms of historically oppressive institutions. In this paper, I will examine police coercion and racial profiling in Canada and the United States. This paper will employ a theoretical framework of conflict theory and minority threat hypothesis …

Shifting Into “Neutral”: Evaluating Mediation As A Peaceful Alternative To The Forceful Resolution Of The 2022 Canada–Freedom Convoy Dispute, Teresa (Tessa) Griego

Pepperdine Dispute Resolution Law Journal

In early 2022, the Canadian government found itself confronted by a group of truck drivers—in what came to be known as the “Freedom Convoy”—protesting government-imposed restrictions related to the COVID-19 pandemic. This article evaluates how mediation could—and should—have been used as an effective means for the government and protestors to resolve their dispute. It begins by defining the government health and safety measures that prompted the protests and describing the ensuing protest movement by the Freedom Convoy. The article then discusses the protest’s implications on commerce and on the communities where it was located. Next, the article describes the unilateral …

Recent Trends In The Canadian Automobile Industry From 2007 To 2022: The Increasing Presence Of Japanese Automakers In Canada, Tamiko Kurihara

Japanese Society and Culture

Abstract

This paper attempts to clarify characteristics of the Canadian automobile industry after the Lehman Shock of 2008. The examination, based on motor vehicle production units from 2007 to 2021, reveals the following three points. First, from the global perspective, the center of automobile production shifted from developed countries to emerging economies such as China. Second, within the United States-Mexico-Canada Agreement (USMCA), automobile production shifted toward Mexico. Finally, with the increase in automobile production by Toyota and Honda, their presence has grown in the Canadian automobile industry.

The United States government along with the Canadian federal and the Ontario provincial …

Against Imperial Arbitrators: The Brilliance Of Canada's New Model Investment Treaty, Charles H. Brower Ii

FIU Law Review

Investment treaty arbitration has become politically “toxic” even in states that pioneered the development of investment treaties. There is consensus on the need for reform. But there is a dearth of historical research on what went wrong with investment treaties, when it happened, or how to find the way forward in light of the past. As a result, reform efforts have a stumbling quality. One can see this in multilateral fora, such as the United Nations Commission on International Trade Law (UNCITRAL), where over four years of study and negotiations have produced little consensus. One can also see it in …