Law Commons^™

The Law Of Privacy In Canada (Student Edition) By Barbara A. Mcisaac, Rick Shields, Kris Klein (Toronto: Thomson Carswell, 2004), John D. Gregory

Canadian Journal of Law and Technology

To help lawyers advise their clients on their rights and obligations in this complex and novel field, the various legal publishers have offered an array of guides and textbooks analyzing the law of privacy. Thomson/Carswell turned for its book to the national law firm of McCarthy Tétrault. Three McCarthy lawyers (Barbara McIsaac, Rick Shields, and Kris Klein) are listed as authors of The Law of Privacy in Canada, and several others have contributed significant parts of the text, and they have done a creditable job in pulling it all together. It seems to be the only thorough and up-to-date analysis …

Group Judgments: Deliberation, Statistical Means, And Information Markets, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

How can groups elicit and aggregate the information held by their individual members? There are three possibilities. Groups might use the statistical mean of individual judgments; they might encourage deliberation; or they might use information markets. In both private and public institutions, deliberation is the standard way of proceeding; but for two reasons, deliberating groups often fail to make good decisions. First, the statements and acts of some group members convey relevant information, and that information often leads other people not to disclose what they know. Second, social pressures, imposed by some group members, often lead other group members to …

Two Early Codes, The Ten Commandments And The Twelve Tables: Causes And Consequences, Alan Watson

Scholarly Works

Comments on the legal history of the ten commandments and the Roman Twelve Tables, and a comparison of the two legal collections. This paper also discusses the peculiarities in the traditions behind the collection of these laws; and the rules of behavior between humans covered by these laws.

Table Of Contents - Cardozo Law Review, Volume 25, Issue 6

Cardozo Law Review

No abstract provided.

Conceptualizing Yahoo! V. L.C.R.A.: Private Law, Constitutional Review, And International Conflict Of Laws, Ayelet Ben-Ezer, Ariel L. Bendor

Cardozo Law Review

No abstract provided.

Taking Another Ride On Flopper: Benjamin Cardozo, Safe Space, And The Cultural Significance Of Coney Island, Robert N. Strassfeld

Cardozo Law Review

No abstract provided.

Breaking The Shield Of The Learned Intermediary Doctrine: Placing The Blame Where It Belongs, Sheryl Calabro

Cardozo Law Review

No abstract provided.

Quid Pro Whoa!: An Exponential Fee Structure For Patent Applications, Peter L. Giunta

Cardozo Law Review

No abstract provided.

Understanding Tradition, Meir Katz

Cardozo Law Review

No abstract provided.

Unchecked And Imbalanced? A Critical Reading Of The U.S. Constitution, Madeleine Severin

Cardozo Law Review

No abstract provided.

Comprehensive References And Indexes, Volume 25 (2003-2004)

Cardozo Law Review

No abstract provided.

Toward Reasonable Limitations On The Exercise Of General Jurisdiction, Walter W. Heiser

San Diego Law Review

General jurisdiction is one of the most controversial aspects of the current jurisprudence of personal jurisdictions. General jurisdiction refers to a state's exercise of personal jurisdiction over a nonresident defendant in a lawsuit not arising out of or related to the defendant's contacts with the forum. General jurisdiction is particularly controversial in international litigation involving foreign defendants who do business in the United States. This article examines the potential limitations on the exercise of general jurisdiction in the context of international civil litigation.

Lapides V. Board Of Regents And The Untrustworthiness Of Unanimous Supreme Court Decisions, Paul Horton

San Diego Law Review

The author argues that sometimes unanimous Supreme Court decisions indicate that someone was asleep at the switch. He looks closely at the Lapides v. Board of Regents decision and the Court's interpretation of the Eleventh Amendment in coming to their conclusion.

Criteria Of International Tax Policy, Herbert I. Lazerow

San Diego Law Review

Professor Joseph Sneed a generation ago developed seven macro-criteria for evaluating income tax changes. This Article asks whether those criteria are useful in the general field of international income tax. I conclude that Adequacy, Practicality, Equity, and Free Market Compatibility are important internationally, as is a new criterion, Balance-of-payments Enhancement, while the criteria of Reduced Economic Inequality, Stability and Political Order do not figure prominently in international tax.

The San Diego River: A Natural, Historic, And Recreational Resource, John H. Minan

San Diego Law Review

The purpose of this Article is to briefly consider the historical importance of the San Diego River, to examine the water quality challenges impacting the River today, and to analyze the principal regulatory programs administered by the Regional Board to meet these challenges. The author's premise is that the water quality of the River is essential to its functional integrity and future.

Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris

San Diego Law Review

This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …

The Empirical Dilemma Of International Law, Michael D. Ramsey

San Diego Law Review

The author explores the empirical dilemma of international law; looking at international law based on consent and international customary law. The author concludes that international law faces a debilitating dilemma. On the one hand, its claim to objective authority as positive law rest upon its foundation in the customary practices of nations followed out of a sense of legal obligation. On the other hand, one can solve this problem by disconnecting international law from its foundation in custom, by looking back to its historical basis in natural law.

Recovering (From) Enlightenment?, Steven D. Smith

San Diego Law Review

The American Constitution at its founding is often associated with "the Enlightenment," and modern liberal constitutionalism continues to be associated with what Bruce Ackerman refers to as "the spirit of the Enlightenment." This article contrasts the essential features of the classical or historical Enlightenment with those of the modern Enlightenment, as reflected in the thinking of theorists like Rawls, Dworkin, and others and as embodied in a good deal of modern constitutional doctrine. The article argues that the modern Enlightenment is more accurately viewed as an inversion than a continuation of the classical Enlightenment. Moreover, this inversion threatens to undermine …

Does The Tax Law Discriminate Against The Majority Of American Children? The Downside Of Our Progressive Rate Structure And Unbalanced Incentives For Higher Education, Lester B. Snyder

San Diego Law Review

Our graduate income tax structure provides an incentive to shift income to lower-bracket family members. However, some parents have much more latitude to shift income to their children than do others. Income derived from services and private business - by far the majority of American income - is less favored than income derived from publicly traded securities. The rationale given for this discrimination is that parents in services or private business, as opposed to those in securities, do not actually part with control of their property. This Article explores these tax broader (yet subtle) tax benefits and their impact on …

Lawyers As Gatekeepers, Fred Zacharias

San Diego Law Review

Three recent legislative and regulatory initiatives - the Sarbanes-Oxley Act, the 2003 amendments to Model Rules 1.6 and 1.13, and the Gatekeeper Initiative - all seek to enlist the assistance of lawyers in thwarting crime. Outraged opponents have relied on flamboyant rhetoric. They challenge the notion that lawyers should act as gatekeepers - which some of the opponents deem equivalent to operating like the "secret police in Eastern European countries." This Article makes a simple, and ultimately uncontroversial, point. Lawyers are gatekeepers, and always have been. Whatever one's position on the merits of the specific reforms currently being proposed, it …

The Politics Of Wto Enforcement Mechanism, Pao Li Chang

Research Collection School Of Economics

This paper attempts to develop a formal economic framework to analyze the influences of domestic political considerations by democratic governments in shaping the WTO enforcement outcomes following a violation ruling against the defendant. Since a different mix of import and export sectors in the defendant and complainant country will benefit from the various potential enforcement outcomes, they become competing forces which steer the strategic interactions between the disputing governments. The results of the paper illustrate the complainant's strategy in selecting the retaliation list, and the likelihood of the defendant's compliance or compensation in response to the proposed or foreseeable retaliation, …

Three Years Under The Pipeda: A Disappointing Beginning, Christopher Berzins

Canadian Journal of Law and Technology

As of January 1, 2004, after a three-year phase-in period, the Personal Information Protection and Electronic Documents Act (PIPEDA) came fully into force. Although considerable uncertainty currently prevails due to unanticipated events such as the resignation and replacement of Commissioner George Radwanski and the late constitutional challenge by Quebec, there is now sufficient experience with the legislation to begin to assess how the PIPEDA is working. It is also a timely juncture to do so with the extension of the legislation to the provincially regulated private sector.

Privacy Of Genetic Information In Canada: A Brief Examination Of The Legal And Ethical Tools That Should Frame Canada's Regulatory Response, Stephen Orr

Canadian Journal of Law and Technology

This article investigates the legal and ethical tools that should inform Canada's regulation of the privacy of genetic information. We are the first generation faced with resolving the unique challenges presented by genetic information. Unfortunately, the patchwork of instruments that could regulate genetic information in Canada is insufficient. The prospect of Canadians increasingly generating genetic information without a satisfactory structure for protecting the information is rather alarming. It is therefore important that we commit to reexamining regulations regarding genetic information. Different loci of governance will likely be required. Canada should look to international law and comparative law for inspiration regarding …

No Lego, Yes Logo: The Federal Court Of Appeal Protects Innovation In Kirkbi Ag And Lego Canada Inc. V. Ritvik Holdings Inc., Sean Robertson

Canadian Journal of Law and Technology

This article will discuss the case at the trial and appellate levels. It will specifically address the underlying policy debate between the majority and the dissenting decisions at the Federal Court of Appeal. The author will compare this debate to two similar international cases involving Lego’s infamous intellectual property litigation. With this recent finding in the 40-year-old saga of international case law surrounding Lego’s trade-mark enforcement strategy, the Appeal Division of the Federal Court of Canada joins the ranks of several other courts that have similarly excluded protection for Lego based on the doctrine of functionality. The comment concludes with …

Video Surveillance, Evidence And Pipeda: A Comment On Ferenszy V. Mci Medical Clinic, Anne Uteck

Canadian Journal of Law and Technology

One of the most common uses of surveillance is in the area of evidence gathering for investigation by litigators. Private investigators have long been retained for this purpose, and law enforcement officers routinely utilize surveillance devices to assist in the prosecution of a crime. The admissibility of video surveillance evidence obtained by private and government investigators is obviously not a new issue. What has come to the fore- front is the application of the Personal Information Protection and Electronic Documents Act in the context of video surveillance evidence, and its impact on civil litigators. Privacy interests inherent in the collection, …

Case Comment: Society Of Composers, Authors And Music Publishers Of Canada V. Canadian Association Of Internet Service Providers, Barry Sookman

Canadian Journal of Law and Technology

The exponential growth of the Internet has raised serious issues related to liability for copyright infringement. Who should compensate authors and publishers for the use of their works? What activities constitute infringement? Are Internet intermediaries such as Internet service providers (ISPs) liable for infringement when they provide connectivity to subscribers, when they provide hosting services, or when they use caching technologies? Where does infringement occur? Is the scope of the Copyright Act limited to acts of infringement that occur wholly within Canada or does the Act apply to acts that take place partly in Canada and partly outside of Canada? …

School Vouchers, State Constitutions, And Free Speech, Peter H. Hanna

Cardozo Law Review

No abstract provided.

It's A Small World After All: Making The Case For The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Cardozo Law Review

No abstract provided.

The Promise And The Reality Of Long-Term Care Insurance, Randy Desonia

National Health Policy Forum

The aging of the nation’s population will create a surge in the need for long-term care services, putting pressure on existing funding sources and fueling demand for more. This paper examines one financing option—private long-term care insurance—and summarizes its brief history and the several critical precedents that have influenced the products as currently sold. Other topics discussed include the challenges to encouraging sales growth as well as increasing the role of this type of insurance in paying for long-term care.

Textual Harassment: A New Historicist Reappraisal, Hila Keren

ExpressO

This year marks the four hundredth anniversary of the Parol Evidence Rule, the rule that dictates that the interpretation of a written contract should be determined solely according to its text and not influenced by prior contradictory external information. This article uses the occasion to offer a fresh interdisciplinary view of the Rule. The analysis presents a unique contribution to the heated debate regarding the desired levels of formalism and textualism in present-day contract law, by using New-Historicist tools.

Unexplored aspects of the roots of the Rule are illuminated through an in-depth investigation of the first case of the contractual …