Law Commons^™

The Loewen Group V. United States: Punitive Damages And The Foreign Investment Provisions Of The North American Free Trade Agreement, Lucien J. Dhooge

Connecticut Journal of International Law

On November 2, 1995, a civil jury constituted in the First Circuit Court of Hinds County, Mississippi returned an award of punitive damages in the amount of $400 million in favor of Jeremiah O'Keefe, Sr., his son and their related business entities (O'Keefe) and against The Loewen Group, Inc. and its related entities (Loewen) in the case of O'Keefe v. The Loewen Group, Inc. (O'Keefe Litigation).3 This punitive damages award followed an award of $100 million in compensatory damages entered by the jury on November 1, 1995.' The compensatory damages award covered losses allegedly sustained by O'Keefe as a result …

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, …

Visualising The Adr Landscape, Nadja Alexander

Research Collection Yong Pung How School Of Law

Access to ADR can be conceptualised in a number of ways. Some commentators focus on the court or the legal profession as a central access point for disputes. While this may seem natural for lawyers and judges, such an approach fails to account for the vast majority of disputes – approximately 80 per cent – that never see a lawyer, let alone a court. Other commentators focus on private or community-based applications of ADR as well as transactional applications of mediation such as contract negotiations. Yet others analyse ADR from the perspective of particular stakeholder groups such as industry, insurers, …

Supreme Court Statistical Overview, October Term 2003, Georgetown University Law Center, Supreme Court Institute, Liz Hollander

Supreme Court Overviews

No abstract provided.

Antitrust And Competition Law Update: Important Changes To U.S. Antitrust Statutes Become Law, William Kolasky

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On June 22, 2004, President Bush signed into law perhaps the most significant amendments to the U.S. antitrust statutes since the Hart-Scott-Rodino Antitrust Improvements Act of 1976. These changes, enacted as H.R. 1086, will have substantial implications for several areas of antitrust enforcement. These include: • limiting potential civil actions against standard-setting organizations;increasing even further incentives for antitrust wrongdoers to participate in the Antitrust Division’s corporate leniency program; increasing criminal penalties for corporations and individuals; and enhancing judicial scrutiny of antitrust consent decrees.

The Ipperwash Inquiry - Symposium On Government/Police Relations: The History And The Future Of The Politics Of Policing, Margaret Beare

Conferences and Workshops

This chapter examines the operational realities of the police executive linkages—beyond the official dictates of the law and the desired position expressed in ideological discourses on police independence. Paper draws primarily on historical and criminological literature and research, and public inquiries.

The central argument of this paper is that, while there may be a somewhat clear-cut division between the’ policy’ versus the ‘operational’ control of the police by the State in law and in rhetoric, the reality is quite different. The relationship between the State and the police is a dynamic relationship that changes to reflect the nature of the …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Overview: Four Models Of Police-Government Relationships, Kent Roach

Conferences and Workshops

This chapter provides an introduction to police-governmental relations in Canada. It does so by outlining the law and history of police-government relations in Canada, constructing four different models of police-governmental relations and identifying critical issues that distinguish different approaches to police independence.

The first part of the chapter examines the contested legal basis for claims of police independence from government with a focus on the Supreme Court of Canada’s pronouncements on this issue in R. v. Campbell and Shirose. The second part examines highlights of the history of police-government relationships. Controversies such as the Nicholson affair, the Airbus, Doug Small …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Agenda

Conferences and Workshops

No abstract provided.

The Ipperwash Inquiry - Symposium On Government/Police Relations: Police-Government Relations In The Context Of State-Aboriginal Relations, Gordon Christie

Conferences and Workshops

Common debates over government-police relations share a certain structure – the main realm of contention revolves around questions about how to resolve tension between the concern that the police should be free to act independent of political interference and the concern that the police should, in a liberal democracy, be held accountable for their actions. This paper looks at this tension in the context of state- Aboriginal relations, a process of contextualization that casts a critical eye on the efficacy of the typical forms of analysis that arise from this debate.

The first stage of analysis provides a contrast for …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Legal Sites Of Executive-Police Relations: Core Principles In A Canadian Context, Dianne L. Martin

Conferences and Workshops

This chapter provides an overview of the multiple sites where the governance of police in a democratic society is negotiated, with examples and solutions drawn from policy documents, public inquiries, legislation, and case law. Multiple factors bear on the ways that this intricately structured legal relationship is worked out in day-to-day situations, including political, institutional and legal influences. Bearing in mind the political and institutional contexts, this chapter examine the legal instruments and institutions that both structure the relationship and are part of resolving the inevitable conflicts that arise between these two very general concepts. The central argument is that …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Oversight Of Executive Police Relations In Canada: The Constitution, The Courts, Administrative Processes And Democratic Governance, Lorne Sossin

Conferences and Workshops

This chapter critically examines two central questions. First, what are the mechanisms which constrain and define executive accountability and police oversight in Canada? Second, can the need for the police to remain above partisan politics and beyond manipulation by the government of the day be reconciled with these mechanisms of governance and accountability? Sossin argues that an apolitical and autonomous model is best suited to the dynamics of policing in a constitutional democracy such as Canada, and has the potential to balance the need for political input into policing while countering inappropriate political interference in policing.

The executive-police relationship is …

The Ipperwash Inquiry - Symposium On Government/Police Relations: The Idea Of The Political "Independence" Of The Police: International Interpretations And Experiences, Philip Stenning

Conferences and Workshops

This chapter serves to clarify some of the key concepts. By graphically illustrating the relationship between degrees of ‘control’ and degrees of accountability it is argued that the two concepts are not incompatible. The term independence is then used in the chapter to refer only to decision-making that falls in what is pictured as the fourth quadrant: ‘full accountability’ with ‘no control’. The chapter then outlines the scope or range of the potentially ‘independent’ decision-making tasks.

Stenning discusses the growth of the ‘doctrine of police independence’. It is argued that what we might assume is a widely held value favouring …

The Ipperwash Inquiry - Symposium On Government/Police Relations: Memorandum Re June 28-29, 2004 Symposium

Conferences and Workshops

No abstract provided.

Logic, Language And Legal Science: Are We Lagging Behind?, James S. Mcquade

ExpressO

The central theme of this article is that modern notions of logic, deriving from computer logics and also from the language and logic movement in philosophy, provide a sound basis for legal science and hence for legal writing, law practice and legal education. Scepticism about legal formalism largely derives from the fact that the term logic is still taken to mean the syllogistic logic of Aristotle. Modern notions of logic, generally referred to as formalism or formal studies, view knowledge in general and science in particular in terms of game theory, applying word, number letter and iconic games to data …

Diamond V. Chakrabarty: Gauging Congress’ Response To Dynamic Statutory Interpretation By The Supreme Court , Anna E. Lumelsky

ExpressO

In this article, I consider the 1980 Supreme Court decision, Diamond v. Chakrabarty, and Congress’ response to it in light of several contemporary views on statutory interpretation. I conclude that in science and technology-related cases in which delay could significantly hamper the advancement of the field, the Supreme Court should interpret federal statutes dynamically in response to a changing social context, but should also attempt to conform its interpretations to legislative preferences in order to avoid a legislative override.

Strip Corridor Redevelopment: A Guidance Document, University Of Georgia School Of Law, Land Use Clinic, College Of Environment And Design, University Of Georgia

Land Use Clinic

Guidance document and model ordinance for Georgia local governments, created for the Georgia Department of Community Affairs. This project began with a strip corridor revitalization overlay and implementation document for the city of Dalton to help improve community character and reduce traffic congestion along Dalton's Walnut Avenue commercial strip.

Juror First Votes In Criminal Trials, Stephen P. Garvey, Paula Hannaford-Agor, Valerie P. Hans, Nicole L. Mott, G. Thomas Munsterman, Martin T. Wells

Cornell Law Faculty Publications

Our analysis of the voting behavior of over 3,000 jurors in felony cases tried in Los Angeles, Maricopa County, the District of Columbia, and the Bronx reveals that only in D.C. does a juror's race appear to relate to how he or she votes. African-American jurors in D.C. appear more apt to vote not guilty on the jury's first ballot in cases involving minority defendants charged with drug offenses. We find no evidence, however, that this effect survives into the jury's final verdict.

State Sovereignty And Human Rights, Jack Donnelly

Human Rights & Human Welfare

Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …

Restoring A Public Interest Vision Of Law In The Age Of The Internet, Marc Rotenberg

Duke Law & Technology Review

In November 2003, Mr. Marc Rotenberg, Executive Director of the Electronic Privacy Information Center, lectured at Duke Law School on the importance of protecting individual privacy. In his remarks, Mr. Rotenberg recounted the successful campaign against the government's Clipper Chip proposal. He argued that successful public interest advocacy in the Internet age requires the participation of experts from many fields, public engagement, and a willingness to avoid a simple "balancing" analysis. He further concluded that privacy may be one of the defining issues of a free society in the twenty-first century.

Re Atlantic Pilotage Authority And Canadian Merchant Service Guild, Innis Christie

Innis Christie Collection

Employee Grievances alleging breach of Article 27.05 of the Collective Agreement between the parties dated October 16, 2000, which the parties agreed is the Collective Agreement that governs this matter, in that the Union alleges that each of the Grievors was given notice of recall in accordance with Article 27.05, each was available for the ten-hour period as required and each submitted a request to be paid in accordance with Article 27.05, which was refused. The Union seeks an order that the Employer pay each Grievor at the rate of pay specified in Article 27.05.

The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor

Rutgers Law School (Newark) Faculty Papers

“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have …

The Mechanics Of Judicial Vote Switching , H. Ron Davidson

ExpressO

In a handful of cases, including one from last Term, the United States Supreme Court was divided between upholding, remanding, and overturning a lower court decision, with no majority in favor of any of these three dispositions. In each of these cases, at least one Justice switched his or her vote to achieve a majority. With the Supreme Court taking ever fewer cases and producing increasingly complicated split decisions, we may expect this pattern to recur more often. This Article, drawing upon game theory and public choice scholarship, addresses how and why this practice of strategic vote switching emerged.

Global Law Teaching, Catherine Valcke

Journal of Legal Education

No abstract provided.

Law School Enters The Matrix: Teaching Critical Legal Studies, Jerry L. Anderson

Journal of Legal Education

No abstract provided.

Thinking Like A Deal Lawyer, Tina L. Stark

Journal of Legal Education

No abstract provided.

In The Tout Court Of Shakespeare: Interdisciplinary Pedagogy In Law, Desmond Manderson

Journal of Legal Education

No abstract provided.

State Civil Procedure Plea, William R. Slomanson

Journal of Legal Education

No abstract provided.

Globalizing Property: Incorporating Comparative And International Law Into First-Year Property Classes, M C. Mirow

Journal of Legal Education

No abstract provided.

A Goode Judge Is Hard To Find: An Essay On Legal Realism And Law School Casebooks, Thomas Hayes

Journal of Legal Education

No abstract provided.

The Embarassing Rule Against Perpetuities, Peter A. Appel

Journal of Legal Education

No abstract provided.