Law Commons^™

Volume 25, No. 4

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Andrew Wadden, Alanna Robinson, Cameron MacKeen, Laurelle Funk

Examining The Role Of Increased Penalties On Tax Advisers In Improving Tax Compliance Under The Self-Assessment System, K. Sandra Segaran Karuppiah

Student Works (2000-2009)

This study is motivated by a recent amendment to the Income Tax Act, 1967 as part of the tax reform under the Self-Assessment System. Section 114 (1A) now imposes criminal sanctions against those who are negligent in advising and assisting in income tax returns which result in an understatement of tax liability if they do not exercise reasonable care. This study empirically examines the perception of tax agents on the introduction of section 114 (1A) in relation to their understanding and perception of the concept of reasonable care. It further examines perceptions with regards to the fairness of this provision; …

Latin American Legal History: Some Essential Spanish Terms, M C. Mirow

Faculty Publications

Terms related to Latin American legal history translated into English.

Members And Outsiders: An Examination Of The Models Of United States Citizenship As Well As Questions Concerning European Union Citizenship, Ediberto Román

Faculty Publications

Be it in the United States or across the Atlantic, notions of citizenship conjure up thoughts of nationalism, membership, equality, price and patriotism. Though these notions suggest a sense of inclusion, the term citizenship also conjures up, for many, feelings of exclusion and subordination. This article will examine the fact that despite the virtuous rhetoric associated with the term, the status of citizen is often an elusive ideal, notwithstanding the attainment of such status. While the status is theoretically to include a litany of rights as well as a perception of belonging, for many in this society, citizenship means neither. …

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Lemma Barkeloo And Phoebe Couzins: Among The Nation's First Women Lawyers And Law School Graduates, Karen Tokarz

Washington University Journal of Law & Policy

No abstract provided.

Beyond The Polemic Against Junk Science: Navigating The Oceans That Divide Science And Law With Justice Breyer At The Helm, Joelle A. Moreno

Faculty Publications

No abstract provided.

Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson

Cardozo Law Review

No abstract provided.

Toward Political Safeguards Of Self-Determination, Gregory P. Magarian

Scholarship@WashULaw

The theorists of the political safeguards of federalism (primarily Herbert Wechsler, Jesse Choper, and Larry Kramer) contend that various features of the American political system are sufficient to protect the values of federalism, obviating the need for federalist judicial review. These theorists have identified constitutional features of the system (i.e., equal representation in the Senate) and extolled subconstitutional features (notably the strength of the major political parties) as guarantors of state prerogatives against the federal government. They have not, however, developed a substantial account of the reasons why state prerogatives need or deserve protection and how those reasons bear on …

Criminal Justice And The 1999-2000 U.S. Supreme Court Term, Christopher E. Smith

North Dakota Law Review

No abstract provided.

Meaning, Intention, And The Hearsay Rule., Paul F. Kirgis

Faculty Law Review Articles

In this Article, I draw on insights from the linguistic discipline of pragmatics to offer another way to understand and apply the definition of hearsay in the Federal Rules of Evidence. Pragmatics is concerned with how we use language in real-world contexts to accomplish various objectives.' By identifying the conventions that govern language usage, pragmatics provides ways to analyze what a speaker means when he says something and how meaning is conveyed through language.5 Pragmatics thus has obvious utility for the study of hearsay.

The philosopher Paul Grice looms over the field of pragmatics. His theory of conversational implicature revolutionized …

From Judicial To Administrative Denaturalization: For Better Or For Worse?, Vinineath Nuon Gopal

University of Colorado Law Review

No abstract provided.

E Wars - Episode One: The Patent Menace, Raymond Van Dyke

Computer Law Review and Technology Journal

With the advent of the Information Age and the resulting transformation of our society, information companies are beginning to protect their business methodologies. As with any technological revolution, competition between the players is intense. In this new arena of business, competitors have turned patents into a weapon of choice. Businesses need new strategies to avoid becoming unnecessary casualties of war.

The Economics Of Dowry: Causes And Effects Of An Indian Tradition, Tonushree Jaggi

University Avenue Undergraduate Journal of Economics

I argue that dowries exist because of a combination of two reasons. First, there is an excess supply of women in the Indian marriage market that results in the use of dowry as an equilibrating mechanism. Secondly, a differential in the patterns of human capital accumulation of men and women have led to a larger positive benefit from marriage for women than for men, the net difference of which is theoretically equivalent to the amount of the dowry. Both these explanations for the existence of dowry are fundamentally grounded in the powerful social and cultural ideologies of marriage held by …

The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson

Faculty Law Review Articles

This article addresses the potential objections to applying fiduciary standards to higher government functionaries by exploring a case that proved it feasible: the government of the Roman Emperor Trajan. The author asks, if fiduciary government was practicable in a narrowly based regime governing a multicultural empire -- where communication was slow and information expensive -- why is it not achievable in America today. The author concludes that the principles by which Trajan governed are a rebuke to our own, less exacting, standards of public law today and that holding government to fiduciary standards, even in a huge multicultural empire, is …

Love And The Socratic Method, Peter M. Cicchino

American University Law Review

No abstract provided.

An Activist At Harvard Law School, Peter M. Cicchino

American University Law Review

No abstract provided.

A Teacher To The End, Jack Marth

American University Law Review

No abstract provided.

The Teacher, Trenton H. Norris

American University Law Review

No abstract provided.

An Ode To St. Peter: Professor Peter M. Cicchino, Charles J. Ogletree Jr.

American University Law Review

No abstract provided.

Love Makes A Family, Jonathan Rosen

American University Law Review

No abstract provided.

In Memory Of Peter M. Cicchino, Leti Volpp

American University Law Review

No abstract provided.

Peter Cicchino's Farewell Message To Washington College Of Law Students, Peter M. Cicchino

American University Law Review

No abstract provided.

The International Covenant On Civil And Political Rights: A Primer For Raising A Defense Against The Juvenile Death Penalty In Federal Courts, Christian A. Levesque

American University Law Review

No abstract provided.

Bob Jonesing Baden-Powell: Fighting The Boy Scouts Of America's Discriminatory Practices By Revoking Its State-Level Tax-Exempt Status, Russell J. Upton

American University Law Review

No abstract provided.

Shifting The Paradigm In E-Commerce: Move Over Inherently Distinctive Trademarks - The E-Brand, I-Brand And Generic Domain Names Ascending To Power?, Xuan-Thao N. Nguyen

American University Law Review

No abstract provided.

Undoing Indian Law One Case At A Time: Judicial Minimalism And Tribal Sovereignty, Sarah Krakoff

American University Law Review

No abstract provided.

Judicial Standard Of Review In Erisa Benefit Claim Cases, Kathryn J. Kennedy

American University Law Review

No abstract provided.

"God Save This Honorable Court": How Current Establishment Clause Jurisprudence Can Be Reconciled With The Secularization Of Historical Religious Expressions, Ashley M. Bell

American University Law Review

No abstract provided.

The Case For A Mediation Program In The Federal Circuit, Gilbert J. Ginsburg

American University Law Review

No abstract provided.