Law Commons^™

Introduction, Jacob Dolinger

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

State Taxation Of Nonresidents' Pension Income, Walter Hellerstein

Scholarly Works

This article examines the issues raised by the efforts of some states to tax the pension income of their former residents and of the proposed congressional legislation to forbid such taxation. While there may be sound policy reasons for forbidding state taxation of nonresident pension income, they have yet to emerge clearly from the rhetoric that has thus far dominated the debate over the pension tax issue. The goal of the article is to examine the questions raised by the controversy over state taxation of nonresident pensions in the hope that dispassionate analysis of the problem may contribute to a …

The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson

Scholarly Works

To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.

The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.

Articles

No abstract provided.

Contract Unconscionability In India, Manmohan Lal Sarin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Unconscionability In Canadian Contract Law, S.M. Waddams

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Unconscionability And Impacticability: Reflections On Two U.C.C. Indeterminacy Principles, Gerald T. Mclaughlin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Unconscionability In A Civil Law System: An Overview Of Swiss Law, Franco Taisch

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

South African Contract Law: The Need For A Concept Of Unconscionability, Lynn Berat

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Unconscionable Contracts: A Comparative Study Of The Approaches In England, France, Germany, And The United States, A.H. Angelo, E.P. Ellinger

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Unconscionability In Australian Law: Development And Policy Issues, Mark Sneddon

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Transformation Of The Soviet Union: From A Socialist Federation To A Commonwealth Of Independent States, Urs W. Saxer

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Indigenous People’S Rights Of Political Participation And Self-Determination: Recent International Legal Developments And The Continuing Struggle For Recognition, Mary Ellen Turpel

Cornell International Law Journal

No abstract provided.

A Comparison And Critique Of Idea Protection In California, New York, And Great Britain, Ronald Caswell

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Personal Narratives And Racial Distinctiveness In The Legal Academy, Maria O'Brien

Faculty Scholarship

A small group of legal academicians is embroiled in yet another debate that, to the uninitiated at least, appears to have little or nothing to do with "the law." ¹ This time the issue is the ideology of legal writing style-that is, does a growing, unique body of legal scholarship that draws on the personal experiences of minority faculty and, arguably, reflects the racial oppression these scholars have suffered, produce "distinct normative insights?" ² Professor Patricia Williams of the University of Wisconsin clearly believes that it does.

In her new book, The Alchemy of Race and Rights,³ which is …

The Role Of The Judiciary In The Work Of Madame Justice Wilson, Christine Boyle

Dalhousie Law Journal

My topic is the role of the judiciary in the work of Madame Justice Wilson, but I am going to use a particular focus. I started with the famous lecture "Do Women Judges Really Make a Difference" delivered at Osgoode Hall Law School7 and it helped me think of a question. What is it that women judges might make a difference to? One answer is the law, another is judging itself. These themes were very clear in Madame Justice Wilson's lecture. Another answer, however, is the concept of woman. When women judges make a difference to law, part of what …

The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden

Dalhousie Law Journal

It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …

Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan

Osgoode Hall Law Journal

The authors analyze the interconnections between space, law, and power and forge links between critical studies in law and geography. Analytical categories of space-for example, the divide between public and private space, or the concept of national citizenship-are all politically constructed. The authors analyze Canadian and American concepts of federalism and their impact on regulating worker safety. A common judicial mapping of work, local space, and state regulation determines whether local officials have enforcement authority in contexts where national worker safety regulations apply. Through this analysis, the authors illustrate the potential for future studies in critical legal geography.

Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown

Osgoode Hall Law Journal

The sanction for occupational health and safety offences in Ontario is a regulatory prosecution in provincial criminal court. In contrast, regulatory officials assess administrative penalties in British Columbia and the United States. A larger proportion of offenders are punished under these administrative processes than in the Ontario criminal justice system, and the average administrative penalty generally is higher than the average criminal fine. In addition, a system of administrative penalties is better able to identify employers who warrant punishment because regulators apply the civil standard of proof, attach great weight to a firm's compliance history, and do not reserve penalties …

Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz

Articles

No abstract provided.

The Charter Of Rights And Public Policy In Canada, Patrick J. Monahan, Marie Finkelstein

Osgoode Hall Law Journal

Much of the literature on the Charter has focused on the manner in which the courts have interpreted the document. This essay examines the Charter from another perspective-its impact on the policy process within government. Drawing on a series of papers prepared by senior government officials at both the federal and provincial levels, the authors argue that the Charter has permanently changed the way in which governments formulate and implement public policy in Canada. Virtually all policy proposals making their way to the Cabinet table must be examined to ensure that they conform to the requirements of the Charter. This …

Tribute To Madame Justice Bertha Wilson, Foreword, And Preface, A Kim Campbell

Dalhousie Law Journal

On behalf of the Government of Canada, I am pleased to convey my best wishes to all those participating in 'The Democratic Intellect" Symposium being hosted by Dalhousie Law School in honour of Madame Justice Bertha Wilson's contribution to the law and to the life of Canada.

Madame Justice Wilson: Trailblazer For Justice, Brian Dickson

Dalhousie Law Journal

Mr. Dean, Mme Justice Wilson, Mrs. Read, other distinguished Guests, Ladies and Gentlemen: May I say first of all that I am deeply honoured to have been invited to give the Horace E. Read Memorial Lecture for 1991, inaugurated in memory of the distinguished Dean of Dalhousie Law School who served in that capacity from 1950 to 1964. Dean Read's contribution to legal education and to legal scholarship in general was a massive one, encompassing as it did law reform, legislation and the legislative process, conflict of laws, labour law and legal education. Horace Read acquired an enviable international reputation …

The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson

Dalhousie Law Journal

To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.

Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard

Dalhousie Law Journal

Increasingly, Canadians have sought to understand themselves as a community through the language of equality rights. There are several practical and theoretical consequences to this choice of language. One of the practical consequences is that a formal commitment to equality raises public consciousness with regard to material and social disparities and to some extent gives those who are excluded or marginalized at least a rhetorical claim to participation and a share in resources. However, another consequence is that while promoting a rhetoric of respect and individual dignity, equality discourse also places a disproportionate amount of power in the hands of …

Canadian Constitutional Law And Madame Justice Bertha Wilson - Patriot, Visionary And Heretic, James Macpherson

Dalhousie Law Journal

In the remainder of this paper I will consider Justice Wilson's contribution to Canadian constitutional law. The paper has three parts. Each has a different theme, although the themes overlap in places. I have given these themes labels, each reflecting, I believe, a significant feature of Justice Wilson's constitutional thinking and writing. The labels are Justice Wilson as - Patriot, Visionary and Heretic. In the next three parts of this paper I will deal with each of these themes, with reference principally to her decisions in Charter cases but also with occasional references to her decisions in other categories of …

1992 Lawyer Of The Americas: Ira J. Kurzban

University of Miami Inter-American Law Review

No abstract provided.

Emergency Judicial Relief For Human Rights Violations In Canada And Argentina, René Provost

University of Miami Inter-American Law Review

No abstract provided.

Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay

Research Collection Yong Pung How School Of Law

While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.