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2009

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Articles 31 - 36 of 36

Full-Text Articles in Law

Nanotechnology And The Tragedy Of The Anticommons: Towards A Strict Utility Requirement, Graham Reynolds Jan 2009

Nanotechnology And The Tragedy Of The Anticommons: Towards A Strict Utility Requirement, Graham Reynolds

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Nanotechnology has been described as a transformative technology that will bring about the next industrial revolution. Over the last few decades, scientists and their research partners have acquired nanotechnology patents in a manner resembling a gold rush. The nanotechnology gold rush has specifically targeted nanomaterials, nanotechnology’s building blocks. Many of the patents that have been granted for nanomaterials are broad, general patents encompassing basic research. A driving force behind the patenting of basic research in nanotechnology was the development-oriented approach to patent rights. This approach emerged in the 1960s and 1970s, and supported the widespread patenting of basic research in …


Accessing Insolvent Consumer Debtors, Challenges And Strategies For Empirical Research, Janis P. Sarra, Danielle Sarra Jan 2009

Accessing Insolvent Consumer Debtors, Challenges And Strategies For Empirical Research, Janis P. Sarra, Danielle Sarra

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Insolvency law policy is best informed by a comprehensive understanding of the policy objectives of particular measures and the practical outcomes of particular choices. Yet there continues to be a lack of empirical research in Canada in respect of consumer insolvency, its underlying causes and its outcomes. Debtors' or bankrupts' experience with the insolvency system is almost impossible to gauge with the data now collected. Research funding for legal, economic and sociological scholars in the insolvency area continues to be very limited. This paper examines current challenges and strategies for empirical research on consumer insolvency in Canada. It explores options …


Le Droit Myope, Régine Tremblay Jan 2009

Le Droit Myope, Régine Tremblay

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Cet essai présente la violence conjugale comme un enjeu de droit privé et de droit public, comme une problématique qui se situe au confluent de ces deux catégories considérées comme mutuellement exclusives. L'évolution de la perception de I'homosexualité en droit public a transformé notre idée du couple en droit privé. Ceci remet en question notre façon de penser le couple, les individus qui le composent et la violence qui s'y produit.


Nafta Chapter 11 As Supraconstitution, Stepan Wood, Stephen Clarkson Jan 2009

Nafta Chapter 11 As Supraconstitution, Stepan Wood, Stephen Clarkson

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More and more legal scholars are turning to constitutional law to make sense of the growth of transnational and international legal orders. They often employ constitutional terminology loosely, in a bewildering variety of ways, with little effort to clarify their analytical frameworks or acknowledge the normative presuppositions embedded in their analysis. The potential of constitutional analysis as an instrument of critique of transnational legal orders is frequently lost in methodological confusion and normative controversy. An effort at clarification is necessary. We propose a functional approach to supraconstitutional analysis that applies across issue areas, accommodates variation in kinds and degrees of …


The Ties That Bind: Multiculturalism And Secularism Reconsidered, Brenna Bhandar Jan 2009

The Ties That Bind: Multiculturalism And Secularism Reconsidered, Brenna Bhandar

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Explores contemporary contestations over the rights of Muslim girls and women to wear the veil in both France and the U.K.


The Private Life Of Environmental Treaties, Natasha Affolder Jan 2009

The Private Life Of Environmental Treaties, Natasha Affolder

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The gravitational pull of environmental treaties is felt not only by states. Yet international lawyers almost exclusively focus on states to explain treaty compliance, measure treaty implementation, and assess treaty effectiveness. This essay draws attention to a phenomenon that falls outside traditional boundaries of treaty analysis: the efforts of private corporations that aim at complying with environmental treaties. Existing models of treaty implementation are inadequate to explain these direct interactions between corporations and treaties. The dominant grammar of treaty “compliance” equally fails to fit. Using a little-studied example - the UNESCO World Heritage Convention - this essay highlights the phenomenon …