Law Commons^™

The Maladaptation Of Miranda To Advance Directives: A Critique Of The Implementation Of The Patient Self-Determination Act, Thaddeus Mason Pope

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 7, Iss. 3

Cardozo Journal of International and Comparative Law

No abstract provided.

Cannibal Democracies, Theocratic Secularism: The Turkish Version, Edip Yuksel

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The article critically examines Turkey's democratic framework, arguing that its version of democracy diverges significantly from Western models due to its unique interpretation of secularism and the disproportionate influence of the military and political elite. The analysis highlights how the Turkish Constitutional Court's frequent banning of political parties, particularly the Welfare Party in 1998, undermines democratic processes and often leads to authoritarian governance. The article contends that Turkey's Constitution, drafted under military supervision, lacks political legitimacy and contains provisions that restrict individual and group rights, perpetuating a system of oligarchy and …

Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin

Dianne Pothier Collection

The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …

Regulation Of The International Transport Of Packaged Dangerous Goods: The Case For Legislative Integration In A World Convention, Mirsada Stasevic

LLM Theses

The multimodal transport of dangerous goods is a high risk enterprise for the participants, the public, and public and private property. This study examines the lack of congruency of safety and environmental protection rules which govern the international transport of dangerous goods, along with the concurrent progressive efforts of the international community to ensure global and inter-modal harmonization of these rules. It discusses their inadequacy and proposes a solution. The analysis of the existing rules, fragmented along modal and geographical fines, shows that they do not sufficiently introduce the safety, environmental protection and liability considerations into the legal regime governing …

Prospectus Disclosure And The Role Of The Securities Commissions In Ontario And Bangladesh: A Comparative Study, Md. Anowar Zahid

LLM Theses

The fundamental difference between Ontario law and Bangladesh law is that the former is based on the combination of the disclosure theory and the "blue sky" (merit review) theory while the latter is based on the disclosure theory alone. Accordingly, the Ontario Securities Commission (OSC) exercises twofold powers: it reviews the disclosures contained in a prospectus and also determines the merit of the offering. In other words, it ensures that "full, true and plain" disclosures are made in a prospectus, and at the same time it examines the offering to see whether any element jeopardizing the public interest is present …

International Law And The Maritime Carriage Of Radioactive Materials: Prospects For The Non-Anthropocentric Greening Of International Law, A. Suzette V. Suarez

LLM Theses

A review of the legal regime governing the shipments of radioactive materials reveals an array of preventive and emergency measures as well as liability and compensation measures. The legal regime, however, does not provide any voice to all potentially affected entities, particularly developing Coastal States and the marine environment. The legal regime must be transformed in order to take the above interests into consideration. Any reform in the legal system must start with an evaluation of the ethics and philosophy underlying the system. Understanding the ethical and philosophical basis of the legal regime contributes to the formulation of recommendations for …

In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Doris Palmater

LLM Theses

In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …

Corporate Control: A Comparative Examination Of Corporate Law In Canada And The People's Republic Of China, Qin Zhao

LLM Theses

This thesis examines the concept of corporate control in Canadian and Chinese business enterprises. Going beyond traditional studies of corporate governance, which are concerned principally with the relationship between shareholders and corporate managers, this thesis explores the ways in which corporate law in China and in Canada regulates and arbitrates the relationships among all corporate participants, in the context of the political, social, economic and cultural milieu in which corporate law and policy in both countries has evolved. Through a comparative examination of corporate control issues under two specific corporate law regimes--that of the Canada Business Corporations Act (CBCA), and …

Collective Security And The Legality Of The Ecowas Intervention In The Liberian Civil War, Ikechi Maduka Mgbeoji

LLM Theses

The discontent in Liberia, which found expression in a violent rebellion, was soon fanned across the sub-region by the inconsistencies of the Berlin boundaries in Africa. Faced with a defective global machinery for the resolution of armed conflicts, what should the neighbouring states do? The West African states found an answer to that conundrum by forcefully intervening on the grounds of a collective security interest in Liberia. In an age of widening conception of collective security, the West African states have urged as legal justifications, the invitation by the incumbent president of Liberia, collective self-defence and an 'ex post facto' …

Women's Equality In The Canadian Criminal Justice System: Something Less Than A Fair Shake, P. Michael Cantlon

LLM Theses

This thesis examines the issue of gender equality in the Canadian criminal justice system. It dissects two specific issues, the disclosure of a sexual assault complainant's therapeutic or counselling records and the prosecution of domestic assault charges. Within these two issues it is argued that the criminal justice system has failed to treat female victims of violent crime fairly and equally. Moreover, it is suggested that this failure is anchored in a neglect of the appreciation of the unique gender issues connected to these matters within a contextual framework. With regards to the disclosure issue, a fundamental tenet, the presumption …

The Emergence Of Integrated Coastal And Ocean Management In Canada's Oceans Act: Challenges Of Integrating Fragmented Resource Sectors In Georges Bank, Nova Scotia And Hecate Strait, British Columbia, Gloria Chao

LLM Theses

For a good part of the last fifty years, Canadian oceans governance has consisted of single-sectoral and multi-jurisdictional regulation of oceans uses. This fragmented governance régime has proven ill-equipped to address multisectoral resource use conflicts, which necessitate the integration of various interdependent sea use relationships. As early as the 1970s, international fora and documents began developing the notion of integrated coastal and ocean management [hereinafter ICOM] as an approach to international and national oceans governance in order to address sea use conflicts. Canada's adoption of ICOM as a national approach was a slow process. It was only in 1996, with …

In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Palmater

LLM Theses

In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …

Born To Run: The Supreme Court Of Washington's Misapplication Of The Doctrine Of Specialty In State V. Pang, Timothy Mcmichael

Washington Law Review

The Supreme Court of Washington's decision in State v. Pang that Martin Pang could not be tried for murder involved an erroneous application of the doctrine of specialty. This Note contends that this decision was based upon the court's overly broad reading of the U.S. Supreme Court's decision in United States v. Rauscher. The Supreme Court of Washington implied terms into the extradition treaty because of the court's incorrect interpretation of Rauscher, which prevented Washington from prosecuting Pang for murder. In addition, the court failed to take into account the policy rationales behind the doctrine of specialty, which …

Mexico: Protecting Informed Consent, Elsa Santos, Silvia Elena Llaguno, Ricardo Vernon

Reproductive Health

The objective of this three-month project in Mexico was to disseminate information among key audiences about: 1) the right of women to choose contraceptive methods in a free and informed manner; and 2) the laws and institutions available to help redress any violations of this right. Four publications on these topics, developed by a previous project funded by Population Council/INOPAL III, were reproduced and distributed to 2,750 people in the following target audiences: women of reproductive age; reproductive health service providers; national and state commissions of human rights, complaints offices in public hospitals, feminist and human rights organizations; and legal …

Remembering A Constitutional Hero, E. Joshua Rosenkranz, Morton Horwitz, Daniel O'Hem, Roy Schotland, Patricia Wald

NYLS Law Review

No abstract provided.

Environmental Impact Assessment In The European Community: Shaping International Norms, William Murray Tabb

Faculty Articles

No abstract provided.

Geophysical "Trespass" Revisited, Owen L. Anderson

Faculty Articles

No abstract provided.

Moot Court Board, 1999-2000, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …

Sign At Your Own Risk: The "Rca" Prenuptial May Prejudice The Fairness Of Your Future Divorce Settlement, Susan Metzger Weiss

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Rabbinical Council of America (RCA) Prenup for failing to adequately address the power imbalance in Jewish divorce law, particularly the agunah problem, where women are unable to obtain a divorce due to their husbands' refusal to grant a get. While the RCA Prenup aims to mitigate this issue, it ultimately perpetuates existing power dynamics by limiting women's access to secular legal protections. The analysis highlights alternative prenups, such as the RosenZvi Prenup, as more equitable solutions that integrate secular legal safeguards while maintaining the integrity of Jewish law.

Table Of Contents - Cardozo Women's Law Journal, Vol. 6, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Masthead - Cardozo Women's Law Journal, Vol. 6 (1999)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston

Cardozo Journal of Equal Rights & Social Justice

The article argues that the equality principle, while intended to promote gender equality, has failed to address the unique challenges and needs of women, particularly in legal and workplace contexts. Despite advancements in women's rights, structural disparities persist, with women bearing disproportionate burdens in caregiving, employment, and legal proceedings. The analysis critiques how courts and policies often ignore the biological and societal differences between men and women, leading to outcomes that perpetuate gender inequality. The article emphasizes the need for a more nuanced approach to equality that accounts for these differences and addresses systemic power imbalances.

The Ties That Bind, Melissa F. Savage

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while …

Law Library Illuminations, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Can The Legal System Use Experts On Meaning?, Lawrence Solan

Faculty Scholarship

No abstract provided.

The Trouble With Robertson: Equal Protection, The Separation Of Powers And The Line Between Statutory Amendment And Statutory Interpretation, William D. Araiza

Faculty Scholarship

No abstract provided.

The Contribution Of The Fund Profile To Investor Education, James A. Fanto

Faculty Scholarship

No abstract provided.

Buckley V. Valeo: A Landmark Of Political Freedom, Joel Gora

Faculty Scholarship

No abstract provided.