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Full-Text Articles in Law
A Copyright Board For Canada At 150, Margaret Ann Wilkinson
A Copyright Board For Canada At 150, Margaret Ann Wilkinson
Law Publications
Recognition and protection of the role of copyright in Canadian society goes back as far as Confederation. But just as the need to pursue the appropriate balances among competing values is a constant part of our nation-building, so too is the need to occasionally re-examine and rebalance interests related to copyright.
Great Expectations: The Treatment Of Expectations In Wto And International Investment Law, Chios Carmody, Chios Carmody
Great Expectations: The Treatment Of Expectations In Wto And International Investment Law, Chios Carmody, Chios Carmody
Law Publications
A continuing issue in many areas of law is the treatment of “reasonable” or “legitimate” expectations. This contribution posits that a doctrine of expectations is vital to both the law’s stability and flexibility, functioning as a kind of ‘shock absorber’ that accommodates divergent pressures within a legal system. Expectations may arise subjectively, but what the law protects in most instances is determined objectively. This contribution goes on to examine the treatment of expectations in WTO and international investment law. Their treatment in WTO law has been to read them out as a matter of pleading in WTO dispute settlement, apart …
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody
Obligations Versus Rights: Substantive Difference Between Wto And International Investment Law, Chios Carmody
Law Publications
WTO law remains relatively uncontentious whereas international investment law elicits much more debate. This article posits that the differences in reception are attributable to deeper substantive differences about what is protected under each regime. In WTO law what is protected is the sum total of all commitments and concessions under the WTO Agreement, something that can be thought of as a “public” good. When a country injures that good, the remedy is for the country to cease the injury, a requirement that naturally places emphasis on obligation. In international investment law, by contrast, what is protected is individualized to a …
Abductive Reasoning In Wto Law, Chios Carmody
Abductive Reasoning In Wto Law, Chios Carmody
Law Publications
Law is about many things, but at base it is about rights and obligations. That jural correlation is established and sustained by means of reasoning. We hold that an actor has a right or obligation by virtue of reasoning that classically occurs in one of two forms. An obligation creates a right by means of inductive logic that rests on the conviction of similar instances in the past and the need for proof. It can also create an obligation by means of deductive logic, that is, the process of reasoning from one or more statements (premises) that are used to …
Review Of The Development Of World Trade Organization Law, Chios Carmody
Review Of The Development Of World Trade Organization Law, Chios Carmody
Law Publications
No abstract provided.
Rediscovering The Bankruptcy And Insolvency Power: Political And Constitutional Challenges To The Bankruptcy Act, 1919-1929, Thomas G. W. Telfer
Rediscovering The Bankruptcy And Insolvency Power: Political And Constitutional Challenges To The Bankruptcy Act, 1919-1929, Thomas G. W. Telfer
Law Publications
No abstract provided.
Tension And Reconciliation In Canadian Contract Law Casebooks, David Sandomierski
Tension And Reconciliation In Canadian Contract Law Casebooks, David Sandomierski
Law Publications
Canadian common law contract law casebooks are beset with a tension. On the one hand, they all reveal a sustained commitment to the “wholesale assault on the jurisprudence of forms, concepts, and rules” that typifies American Legal Realism and its intellectual descendants. Concern with underlying values, functional reasoning, social realities, and policy thinking pervades the explicit messages of Canadian contract law casebooks and their editors’ related writings. On the other hand, the two casebooks most frequently assigned embody an allegiance to rules and courts that has a close kinship with the classical attitudes purportedly rejected. They convey a monolithic image …
The Paradox Of Deception: Lawyers, Negotiation, And An Appeal For Regulation, Emily Csiszar
The Paradox Of Deception: Lawyers, Negotiation, And An Appeal For Regulation, Emily Csiszar
2017 Undergraduate Awards
The use of deception in negotiations has spurred much debate in the legal ethics arena. Ethics are concerned with upholding principles of honesty, fairness and good faith. A lawyer’s use of deceptive negotiation tactics would therefore seem to violate the principles of legal ethics. However, certain deceptive tactics in legal negotiations are viewed as not only acceptable, but even expected as part of the negotiation process. This presents a paradox: how can a lawyer act deceptively but also ethically? This paper explores the degree of deception in negotiations that legal professionals are willing to permit on both an ethical and …
Revisiting The Open Court Principle In An Era Of Online Publication: Questioning Presumptive Public Access To Parties’ And Witnesses’ Personal Information, Jane Bailey, Jacquelyn Burkell
Revisiting The Open Court Principle In An Era Of Online Publication: Questioning Presumptive Public Access To Parties’ And Witnesses’ Personal Information, Jane Bailey, Jacquelyn Burkell
FIMS Publications
Openness Of cOurts can serve laudable purposes, not the least of which are transparency of government and court systems and access to justice, although accounts of the open court principle’s meaning, breadth, and underlying pur- poses have expanded and shifted over time.CurrentlyinCanadathe adherence to the principle has meant presumptive access to almost all aspects of court cases, including access to personal information about parties and witness- es, encompassing not only information contained in court judgments, but also information contained in documents led in court oces. Historically, not- withstanding this presumptive access, practical obscurity has protected much of this information, in …