Law Commons^™

Sex Work And The City: Creating Municipal Licensing Regimes For Brothels, Maria K. Powell

LLM Theses

The debate over how to regulate sex work in Canada has long occupied courts, governments, policymakers, sex workers and activists. In the aftermath of the Supreme Court decision in Bedford v Canada and the enactment of the constitutionally suspect Protection of Communities and Exploited Persons Act, this thesis examines municipal law's potential role in regulating brothels. Municipalities already grant licenses to adult service providers, the licensing of brothels is a natural extension of their powers. The current licensing regimes are in need of reform, both for adult services and before any attempts to license brothels. This thesis uses New Zealand …

Quebec's Bill 1: A Case Study In Anti-Corruption Legislation And The Barriers To Evidence-Based Law-Making, Graham Steele

LLM Theses

Corruption is a significant problem around the world. Large-scale public works projects are especially prone to corruption. Much international effort has been devoted to fighting corruption, but the impact of these efforts is debatable. Public-sector procurement in the Canadian province of Quebec has, since 2009, been beset by scandal. After defeat of the Liberal government in 2012, the first bill introduced by the new Parti Québécois government was an anti-corruption measure. The heart of Bill 1 is a system by which construction contractors have to demonstrate "integrity" in order to bid on public contracts. Quebec's lawmakers could have looked to …

Improving Claims Resolution: Alternative Processes In Canada's Immigration System, Nicole M. Melanson

LLM Theses

This thesis argues that alternative dispute resolution processes form a vital part of Canada's immigration and refugee claims determination system. Using an analytical framework that draws on dispute resolution and relational feminist theory, it explores how alternative processes provide advantages over adversarial ones for claims that engage issues of power and relationships. By aligning claims with appropriate processes, system administrators can improve the fairness, efficiency and durability of resolutions. Introductory Chapters describe the administrative law structure that governs immigration and refugee claims in Canada, and the Immigration Appeal Division's Early Resolution program. This unique initiative integrates alternative processes into the …

Privacy Protection For Mobile Health (Mhealth) In Nigeria: A Consideration Of The Eu Regime For Data Protection As A Conceptual Model For Reforming Nigeria's Privacy Legislation, Olufunke Olawumi Salami

LLM Theses

The use of mobile technologies to provide and deliver healthcare is known as Mobile Health. Nigeria is one of the countries witnessing a profound use of these technologies. While discussions have focused on the potentials of this technologies to address the challenges in the health system, nothing is said about the risks from unauthorized disclosure or misuse of health information provided by users. This becomes worse when Nigeria's laws do not offer adequate protection. As Mobile Health is a novelty to Nigeria, this thesis looks to relevant international standards on privacy protection. It does this by examining the European regime …

The Proportionality Standard And Constitutional Culture: A Comparative Analysis Of Rights Adjudication In Canada And The French Republic, James Peter Barry

LLM Theses

It has been suggested that the migration of proportionality as a standard of constitutional review is bringing about a degree of convergence in rights norms across common and civil law jurisdictions. While scholars have noted its potential to shape rights norms in legal systems into which it is incorporated, few have analysed the ways in which proportionality is affected by the constitutional culture in which it is received. This thesis is a comparative analysis of the application of proportionality in Canada and the French Republic. It sheds light on the extent to which the operation of that standard is affected …

Loving V. Virginia As A Civil Rights Decision, Dorothy E. Roberts

NYLS Law Review

No abstract provided.

Hooks V. Forman, Holt, Eliades & Ravin, Llc, Jennifer A. Gong

NYLS Law Review

No abstract provided.

The Financial Action Task Force: International Regulatory Convergence Through Soft Law, Nicholas W. Turner

NYLS Law Review

No abstract provided.

An “Idea” To Consider: Adopting A Uniform Test To Evaluate Compliance With The Idea’S Least Restrictive Environment Mandate, Sarah Prager

NYLS Law Review

No abstract provided.

United States V. Batista, Constantine Loizides

NYLS Law Review

No abstract provided.

Big Data = Big Brother?, Richa Khanna

Emory Business Law Review Perspectives

Big data" refers to massive amounts of information ranging from a combination of clinical, genetic, social and other data that is collected from multiple sources and interpreted by analytics to provide an overview of trends or patterns. Physicians hope to use this data to identify patients who are at risk for certain illnesses and thus, likely to be 'high-cost', meaning repeat users of expensive health care services. Big data can certainly be useful for treating healthy patients as well. The hope is that it will be able to predict who's likely to have a health issue later in his/her lifetime. …

Blind Spot: The Inadequacy Of Neutral Partisanship, Melissa Mortazavi

Faculty Articles

No abstract provided.

The Tragedy Of The Vital Commons, M. Alexander Pearl

Faculty Articles

The concept of the Tragedy of the Commons is well known, but it does not adequately capture the gravity of harm caused by the mismanagement of certain common pool resources (CPR). Not all commons are created equal; some are more important than others. If the common pasture where cows graze is overused and rendered barren, the community shifts to a vegan diet. But, if the groundwater aquifer used to grow soybeans and other foods is exhausted and no water remains for extraction, then individuals, families, and entire communities perish. Present commons scholarship is unable to differentiate between varying levels of …

Posnerian Hearsay: Slaying The Discretion Dragon, Liesa L. Richter

Faculty Articles

Distinguished jurist and scholar, Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit penned a concurrence in United States v. Boyce, 742 F.3d 792 (7th Cir. 2014), in which he launched a scathing attack on the scheme of categorical hearsay exceptions embodied in the Federal Rules of Evidence. After characterizing the existing hearsay regime as bad “folk psychology,” Judge Posner called for the repeal of categorical hearsay exceptions in favor of case-by-case determinations about the “reliability” of particular hearsay statements by trial judges. Prior to adoption of the Federal Rules, evidence experts debated whether a …

Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma

Journal of Digital Forensics, Security and Law

Electronically Stored Information (ESI) first became a serious litigation issue in the late 1990s, and the first attempts to determine best practices did not occur until the early 2000s. As best practices developed, the litigation hold to prevent routine destruction of documents and to preserve documents relevant to litigation came into existence. The duty to preserve ESI is triggered when litigation is reasonably anticipated. All information that relates to potential litigation must be preserved from the time it becomes reasonably apparent that litigation is possible until the expiration of the statute of limitations. If steps are not taken to properly …

The Role Of Naval Power In The Development Of Customary International Law, John J. Chung

Law Faculty Scholarship

No abstract provided.

The Dangers Of Children's Rights' Discourse In The Political Arena: The Issue Of Religious Male Circumcision As A Test Case, Rhona Schuz

Cardozo Journal of Equal Rights & Social Justice

The ever increasing use of children's rights discourse in national, regional and international political institutions can perhaps be seen as a sign of the success of the United Nations Convention on the Rights of the Child ("CRC'), and of the internalization of the concept that children are independent rights holders, the ideological basis of the doctrine of children's rights. Nevertheless, there is evidence that some advocates of children's rights in the political arena are taking an over-simplistic, uni-dimensional approach to children's rights which results in misrepresentation of the true interests of children. This risk is well illustrated by the recent …

Sex Work And The Law: Felony, Fetish, Or Free Market?, Christine Guida, Kate Mogulescu, Svati Shah, Ariel Wolf, Margaret Teich

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Alternative Spring Break 2015 Report, Roger Williams University School Of Law, Association For Public Interest Law

School of Law Conferences, Lectures & Events

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 8) (2015), Roger Williams University School Of Law

RWU Law

No abstract provided.

United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack

Law Faculty Scholarship

No abstract provided.

Unsexing The Fourth Amendment, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Online Free Speech Or Materially Supporting Terrorism, Dorlin A. Armijo

SMU Science and Technology Law Review

No abstract provided.

De-Clawing Katz: Emerging Technology And The Exclusionary Rule, Samuel C. Cole

SMU Science and Technology Law Review

No abstract provided.

The Impact Of Hipaa (And Other Federal Law) On Wearable Technology, Timothy Newman, Jennifer Kreick

SMU Science and Technology Law Review

No abstract provided.

It's Getting Hot In Here: A Look Into Whether Ocean Iron Fertilization Is Legally Viable In The United States, James Richards

SMU Science and Technology Law Review

No abstract provided.

You Took The Words Right Out Of My Database: Is There First Amendment Protection For Media Outlets Publishing Business Data Stolen By Hackers, Samuel C. Cole

SMU Science and Technology Law Review

No abstract provided.

It's Five O'Clock; Do You Know Where Your Records Are: Obligations Of Individuals And Entities To Secure Protected Health Information, Brandon S. Kulwicki

SMU Science and Technology Law Review

No abstract provided.

International Power On "Power", Steven Ferrey

Suffolk University Law School Faculty Works

Can international power be effectively used to control ‘power’? Power sector carbon emissions to the environment must be solved for a solution to the international problem of climate change. Many of the large developing countries are underwriting the largest in world history push into more high-carbon coal-fired power, which will wholly frustrate world climate control goals. The United Nations scientific panel concluded, with high certainty, that the world is passing the point of being able to control increase in world temperature to less than 2 degrees C. (3.8 degrees Fahrenheit), the so-called ‘tipping point’ of the Planet’s climate.

Tightening the …

The Overlooked French Influence On The Intellectual Property Clause, Sean O'Connor

Faculty Scholarship

No abstract provided.