Law Commons^™

Debtor In Possession Financing: The Jursidiction Of Canadian Courts To Grant Superpriority Financing In Ccaa Applications, Janis Sarra

Dalhousie Law Journal

Restructuring of insolvent corporations can be an effective means of a voiding the social and economic consequences of firm failure. Key to successful restructuring is financing (called DIP financing) in the interim period during which the corporation is attempting to develop a viable business plan that is acceptable to stakeholders. Canadian courts have exercised their inherent jurisdiction to grantsuch financing. A recent case before the Supreme Court of Canada settled. However, there continue to be challenges to the courts'jurisdiction. This article suggests that the degree of uncertainty created by the courts' granting of DIP financing has been exaggerated and that …

The Personal Information Protection And Electronic Documents Act: A Lost Opportunity To Democratize Canada's "Technological Society", Tina Piper

Dalhousie Law Journal

Bill C-6, more recently known as the Personal Information Protection and Electronic Documents Act, is promoted by the Canadian government as privacy legislation to protect Canadians' personal information. This paper explores that characterization and concludes that it is inaccurate and misleading. The problems that motivated a response by Parliament are the proliferation and commercial importance of personal information, concerns Canadians have about its uncontrolled use by the private sector and the inadequacy of existing law to address those concerns. However, the Act has not responded to these problems. There are several reasons for this, primarily the disproportionate and antidemocratic importance …

Conflicting Interpretations Of The Federal Trademark Dilution Act Create Inadequate Famous Mark Protection, Jennifer Mae Slonaker

University of Dayton Law Review

No abstract provided.

Front Matter, Volume 26, Number 1, University Of Dayton

University of Dayton Law Review

Title page and table of contents, Volume 26, Number 1

Book Review: For Humanity: Reflections Of A War Crimes Investigator

Connecticut Journal of International Law

FOR HUMANITY: REFLECTIONS OF A WAR CRIMES INVESTIGATOR by Richard J. Goldstone. New Haven, CT.: Yale University Press, 2000. pp. 152.

Comment: Lesson For The United States From Foreign Price Controls On Pharmaceuticals, Jerry Stanton

Connecticut Journal of International Law

The pharmaceutical industry has driven medical advances to unprecedented levels this century. Polio, smallpox, and tuberculosis affected nearly every family just a few decades ago, but are now all but wiped out.' Results like these are the holy grail of an effective health care system. But to obtain these results brings about a fundamental paradox: better health care must always cost more. Every person who would have died from smallpox or polio but for their vaccination lives on, eventually developing new maladies that require more treatments. The cycle continues into old age, where medical expenses are the highest. Thus an …

Continuing Relevance Of Traditional Modes Of Territorial Acquisition In International Law And A Modest Proposal, Seokwoo Lee

Connecticut Journal of International Law

There is no rule of international law prescribing any single mode for the acquisition of territory. Customary international law provides traditionally recognised modes of territorial acquisition,' and these modes have been developed through decisions and awards2 of international judicial and arbitral bodies over the last centuries. There are notably five traditional ways through which states can acquire territory: discovery and occupation, cession, accretion, conquest, and prescription. Each of these modes has played an important role in identifying legal arguments for the resolution of specific territorial disputes, and thus has substantially contributed to resolving such disputes.

The traditional modes of territorial …

Independence And The Director Of Public Prosecutions: The Marshall Inquiry And Beyond, Philip C. Stenning

Dalhousie Law Journal

The author describes the reforms to the prosecution system in Nova Scotia which were recommended by the Marshall Inquiry in its 1989 report, and reviews the extent to which they have been effectively implemented during the ensuing decade. He concludes that many of the objectives originally identified by the Marshall Inquiry in this respect have been substantially met, but that in some areas there is still room for improvement. Finally, he notes the absence of systematic evaluations of prosecutorial institutions and practices in Canadian jurisdictions, and that because of this, it is difficult to say whether the Marshall Inquiry's objectives …

Property Ownership By Married Women In Victorian Ontario, Susan Ingram, Kris Inwood

Dalhousie Law Journal

This paper reports patterns of property holding by women and men in late nineteenth-century Ontario. We focus on the town of Guelph immediately before and after legislation in 1872 and 1884 which permitted married women to hold property in their own name. The female-held share of all property and the female share of all owners in the town increased sharply. The gains were made by married women, and even more strongly by single women and widows. However, there was little or no shift of property in nearby rural townships. We argue that an induced change in inheritance practice amplified the …

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Scholarly Articles in Law Reviews & Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.

Wrong Turn In Cyberspace: Using Icann To Route Around The Apa And The Constitution, A. Michael Froomkin

Duke Law Journal

The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace. This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U. S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and …

Foreword To The Fiftieth Volume, Robinson O. Everett

Duke Law Journal

No abstract provided.

Foreword To The First Volume (Reprinted), Robinson O. Everett

Duke Law Journal

No abstract provided.

A Nondelegation Doctrine For The Digital Age?, James Boyle

Duke Law Journal

No abstract provided.

Reconsidering The Sham Affidavit Doctrine, Collin J. Cox

Duke Law Journal

No abstract provided.

Icann And The Problem Of Legitimacy, Jonathan Weinberg

Duke Law Journal

Two years ago, an entity called the Internet Corporation for Assigned Names and Numbers (ICANN) was formed to take control of the Internet's infrastructure of domain name and IP address identifiers. Private parties formed ICANN at the behest of the U. S. government; the government is currently using its considerable resources to cement ICANN's authority over the domain name space. ICANN's role is one generally played in our society by public entities. It is setting rules for an international communications medium of surpassing importance. That task had historically been performed by a U. S. government contractor in an explicitly public-regarding …

Journal Staff

Duke Law Journal

No abstract provided.

Why Modest Proposals Offer The Best Solution For Combating Racial Profiling, Sean P. Trende

Duke Law Journal

No abstract provided.

Interpreting “Place Of Public Accommodation” Under Title Iii Of The Ada: A Technical Determination With Potentially Broad Civil Rights Implications, Matthew A. Stowe

Duke Law Journal

No abstract provided.

Angry White Males: The Equal Protection Clause And "Classes Of One", Timothy Zick

Faculty Publications

No abstract provided.

October 2000, Ciel, Handbook On The Office Of The Compliance Advisor Ombudsman , Draft, Center For International Environmental Law

CAO General 1999-Present

No abstract provided.

Rothman, Hein, And Aall: A Short History Of A Long-Standing Publishing Relationship, April Schwartz

Scholarly Works

No abstract provided.

Co-Producing Justice: The New Imperative, Edgar S. Cahn

University of the District of Columbia Law Review

No abstract provided.

Small Claims Reform: A Means Of Expanding Access To The American Civil Justice System, James C. Turner, Joyce A. Mcgee

University of the District of Columbia Law Review

Every American should enjoy full access to the protections offered by the U.S. civil justice system. Unfortunately, this basic right is often denied to millions by civil court procedures and practices that are costly, Byzantine and hostile to ordinary citizens who need legal help. In fact, according to the American Bar Association, tens of millions of American households that need legal help are denied access to the civil justice system every year.' One key method of improving citizen access to the civil justice system is through small claims courts. These courts - which use simplified procedures, require plain English, provide …

Technology And Client Community Access To Legal Services - Suggestive Scenarios On Community Legal Education, Intake And Referral And Pro Se, Michael Genz

University of the District of Columbia Law Review

The papers prepared for the Conference provide a broad perspective on emerging technologies and the potential they offer Legal Services. This paper, building on those perspectives, first offers a real world scenario showing how these technologies might be deployed to maximize client and community access to Legal Services resources. For each scenario, the paper then lays out what needs to be in place - technologically, managerially and institutionally, for the scenario to be made real.

Technology Assisted Advocacy, Julia R. Gordon

University of the District of Columbia Law Review

This paper creates a technology assisted advocacy scenario. It follows the events in the client access scenario paper by Mike Genz, taking the client Maria into a case requiring the full services of an advocate. Each step in the scenario is followed by a discussion that explores some of the work that would need to be done to make this scenario a reality.

The Technologically Enabled Legal Services Delivery System From The Perspective Of Senior Management, John A. Tull

University of the District of Columbia Law Review

No abstract provided.

Unmet Legal Needs Of Dc Immigrants: How Substantive And Procedural Changes In The Laws Restrict Liberty And Deny Access To Justice, Regina Morris

University of the District of Columbia Law Review

No abstract provided.

Dc Consortium Of Legal Service Providers: Legal Services 2000 Symposium. April 30, 1999. Remarks Of Peter Edelman, Zona Hostetler, And Ada Shen-Jaffe, Peter Edelman, Zona Hostetler, Ada Shen-Jaffe

University of the District of Columbia Law Review

No abstract provided.

Independent Paralegals Can Fill The Gap In Unmet Legal Services For The Low-Income Community, Thais E. Mootz

University of the District of Columbia Law Review

No abstract provided.