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Articles 10141 - 10170 of 12789
Full-Text Articles in Law
Criminal Law: The Dangers Of Incomplete Statutory Interpretation And The Unfortunate Equal Protection Implications That Follow– Heilman V. Courtney, 926 N.W.2d 387 (Minn. 2019), Claire Gutknecht
Mitchell Hamline Law Review
No abstract provided.
Torts: Just Walk Away: How An Overbroad Foreseeability Of Harm Standard Could Kill “Curbside Consultations” — Warren V. Dinter, 926 N.W.2d 370 (Minn. 2019), Erika Miller
Mitchell Hamline Law Review
No abstract provided.
Willfulness In A Post-Robare World: Evidence Of Subjective Intent, Not Negligence Conduct, Is Needed To Show Willful Violations Of Securities Laws, Kevin Aguirre
Fordham Journal of Corporate & Financial Law
The D.C. Circuit's holding in Robare Group, Ltd., v. SEC, potentially marks the end of at least twenty years of permissive judicial interpretation of the term "willful," as found in various provisions of securities laws-including the Investment Advisers Act of 1940. Traditionally, willful violations of securities laws only required evidence that defendants were aware of their conduct, not that they knew that their conduct was unlawful. This low burden of proof operates in practice as a negligence standard. However, Robare makes a key distinction between evidence of negligent conduct and "subjectively intentional" violations under section 207 of the Advisers Act …
Are Securities Laws Effective Against Climate Change? A Proposal For Targeted Climate Related Disclosure And Ghg Reduction, Nate Chumley
Are Securities Laws Effective Against Climate Change? A Proposal For Targeted Climate Related Disclosure And Ghg Reduction, Nate Chumley
Fordham Journal of Corporate & Financial Law
The New York Attorney General filed a lawsuit against Exxon Mobil on October 24, 2018, claiming the company committed securities fraud in order to prop up the value of the company by publicly disclosing a higher proxy cost—or projected future cost—of climate change regulation than the internal cost used. Following this lawsuit, a federal class action was filed utilizing the same legal theory on the same facts. These lawsuits should be viewed as part of the larger history of lawsuits against large fossil fuel companies for climate change-related harms. Public nuisance theory largely captured a set of lawsuits against these …
The Case For Accountability & Transparency: How Corporate Asset Forfeiture Creates A Conflict Of Interest, Tiffany J. Klinger
The Case For Accountability & Transparency: How Corporate Asset Forfeiture Creates A Conflict Of Interest, Tiffany J. Klinger
Fordham Journal of Corporate & Financial Law
Asset forfeiture is a tool used by law enforcement to seize property or profits related to criminal activity. Due to the public's growing distain of asset forfeiture, congressional and state reform has attempted to curtail the use of civil asset forfeiture over the past twenty years. However, little attention has been given where asset forfeiture is used against corporations. This Note sheds light as to how asset forfeiture is used against the organizational defendant and makes the following observations: First, asset forfeiture is a powerful tool in corporate criminal proceedings; however, forfeiture lacks the procedural restraints that are placed on …
Unaccompanied Minors, Statutory Interpretation, And Due Process, Shani M. King, Nicole Silvestri Hall
Unaccompanied Minors, Statutory Interpretation, And Due Process, Shani M. King, Nicole Silvestri Hall
UF Law Faculty Publications
This Article proposes a novel statutory argument in favor of finding a categorical right to appointed counsel for unaccompanied minors (UMs) using the Immigration and Nationality Act (INA)’s fair hearing provision as the basis for this right. We provide the historical framework behind the enshrinement of these two rights and then argue that Congress never intended to preclude appointed counsel. We further propose that the Trafficking Victims Protection Reauthorization Act (TVPRA) grants UMs a positive liberty interest,14 and we use this statutory interest as the basis of an original means of surmounting the Lassiter presumption that only a loss of …
The Opioid Crisis As Health Crisis, Not Criminal Crisis: Implications For The Criminal Justice System, Haley Hrymak
The Opioid Crisis As Health Crisis, Not Criminal Crisis: Implications For The Criminal Justice System, Haley Hrymak
Dalhousie Law Journal
The criminal justice system’s response to the opioid crisis exacerbates risks faced by people using drugs and is harmful to public health. Interviews with 11 interviewees including defence counsel, probation officers, and public interest lawyers and advocates revealed three key challenges of working in the criminal justice system during the opioid crisis. First, there is a lack of understanding of addiction within the criminal justice system. Second, as a result of the opioid crisis, fentanyl trafficking sentencing decisions in British Columbia emphasize the need for lengthier prison sentences, which disproportionately affects people who use substances. Third, the conditions on bail …
A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law, H. Patrick Wells
A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law, H. Patrick Wells
Dalhousie Law Journal
This article examines the legal status of queer rights in Caribbean jurisprudence. It conducts an analysis of Caribbean queer rights case law, in order to arrive at an understanding of the extent and dynamics of constitutional protection for these rights. It then uses the revelations from this analysis to determine how Caribbean queer rights jurisprudence has intersected with international human rights norms, values and rules. Finally, the article applies the TWAIL methodological approach to international law to argue that the Caribbean queer rights jurisprudence has not so far reflected the counter-hegemonic, resistance, anti-imperialist discourse that TWAIL champions, in spite of …
Searching For A Summary Judgment Equivalent In Quebec Procedural Law, Kathleen Hammond
Searching For A Summary Judgment Equivalent In Quebec Procedural Law, Kathleen Hammond
Dalhousie Law Journal
The summary judgment is a procedural mechanism that is meant to improve the efficiency of civil litigation by allowing a judgment to be delivered in a summary way, and without the need for a full trial. It is seen as an important tool for dealing with the growing problem of access to justice in Canada. Reform to Ontario’s summary judgment rules in 2010, and a liberal interpretation of the Ontario rules in the case of Hryniak v Mauldin, 2014, have led to a greater reliance by parties on summary judgment motions in Ontario. This trend is also apparent in other …
Treaty Shopping And The New Multilateral Tax Agreement—Is It Business As Usual In Canada?, Catherine Anne Brown, Joseph Bogle
Treaty Shopping And The New Multilateral Tax Agreement—Is It Business As Usual In Canada?, Catherine Anne Brown, Joseph Bogle
Dalhousie Law Journal
On 1 January 2020 the Organization for Economic Cooperation and Development’s (OECD) Multilateral Convention (MLI) entered into effect for many of Canada’s tax treaties. New provisions introduced by the MLI, specifically the principal purpose test (PPT) and a new preamble, raised concerns that the bar to deny treaty benefits would be substantially lower than the bar previously set by Canada’s General Anti- Avoidance Rule (GAAR). This paper considers how the MLI will impact access to treaty benefits in Canada by applying the new MLI measures to treaty shopping cases previously challenged under the GAAR. The paper concludes that application of …
Popping The Question: What The Questionnaire For Federal Judicial Appointments Reveals About The Pursuit Of Justice, Diversity, And The Commitment To Transparency, Agathon Fric
Dalhousie Law Journal
Since 2017, the Canadian government has published excerpts from questionnaires that prospective judges completed as part of the judicial selection process, subjecting newly appointed superior and federal court judges to a degree of scrutiny that is unprecedented in Canadian history. Using this novel source material, this article explores what a sample of 16 judges’ questionnaires do and do not say about the individuals behind the robes. This review suggests that those appointed to the bench in 2017 generally demonstrate insight into the judicial role in Canada. However, some provide only superficial responses, others parrot back normative values that the government …
A Less Private Practice: Government Lawyers And Legal Ethics, Jennifer Leitch
A Less Private Practice: Government Lawyers And Legal Ethics, Jennifer Leitch
Dalhousie Law Journal
Government lawyers are public servants and legal professionals. How they differ from private lawyers has much to do with whom they purport to represent and how they exercise power as a lawyer. I will look at a particular case-study—the St. Anne’s Residential school adjudication. This case study illustrates the challenges that government lawyers face in fulfilling their professional duty within a traditional private lawyer framework. St. Anne’s Residential School involved some of the most egregious physical, sexual and psychological abuse of Indigenous children between 1941 and 1972. St. Anne’s Residential School litigation is used as a cautionary (and truly tragic) …
Providing For Victim Redress Within The Legislative Scheme For Tackling Foreign Corruption, Joanna Harrington
Providing For Victim Redress Within The Legislative Scheme For Tackling Foreign Corruption, Joanna Harrington
Dalhousie Law Journal
This article examines the prospects for victim redress for the corporate commission of foreign corruption, using Canada as a case study. Such cases are typically addressed by negotiated settlements, with Canada’s new “remediation agreement” regime embracing an intention to provide “reparations for harm done to victims or to the community.” Further work, however, needs to be done on defining who is a victim, with the SNC-Lavalin affair having focussed much attention on employees, pensioners and shareholders, with barely a mention of the overseas victims of the alleged crimes. To this end, the article examines comparable efforts undertaken in England to …
Three Essays On Entry Barriers And Incentives In Labor Markets, Samuel Ingram
Three Essays On Entry Barriers And Incentives In Labor Markets, Samuel Ingram
Theses and Dissertations--Economics
Occupational choice at the margin depends on both the incentives for entry and barriers to entry. The primary entry barrier determined by regulation is an occupational license. These are government laws determining the minimum qualifications to enter an occupation including education, testing, fees, and background checks. These regulations are currently enforced on 25% of the US labor market. The laws are crafted to protect consumers from unsafe goods and services but also have important consequences in labor market outcomes. The consequences may include fewer workers entering the profession, changes to which workers enter the profession, and altering competition, all of …
The Implications Of Federalism For The Regulation Of Federal Government Lawyers, Andrew Flavelle Martin
The Implications Of Federalism For The Regulation Of Federal Government Lawyers, Andrew Flavelle Martin
Dalhousie Law Journal
The implications of Canadian federalism for the regulation of lawyers for the federal government are largely overlooked in the literature and case law. This article argues that employees of the federal government can practice law without being licensed by the corresponding provincial law society (or any law society). However, if they happen to be licensed by a law society, they can be disciplined by that law society—unless and until Parliament adopts legislation immunizing them from law society discipline. The article also considers the possibility that Parliament could create a separate bar for federal government lawyers. It concludes that some form …
The Unconstitutional Entanglement Concerns That Arise From Taxing Portions Of Religious Institutions, Elianni J. De La Cruz
The Unconstitutional Entanglement Concerns That Arise From Taxing Portions Of Religious Institutions, Elianni J. De La Cruz
Student Works
No abstract provided.
Exercise The Right Tax: The Excise Tax And Recreational Marijuana Taxation, Ahmad M. Alfawair
Exercise The Right Tax: The Excise Tax And Recreational Marijuana Taxation, Ahmad M. Alfawair
Student Works
No abstract provided.
Climate Gentrification: Flooding The Cities, Rakiah N. Bonjour
Climate Gentrification: Flooding The Cities, Rakiah N. Bonjour
Student Works
No abstract provided.
The Sec's Approach To Regulating Cryptocurrency: A Preliminary Analysis Into Regulation Of Initial Coin Offerings, Mai Hamid
Student Works
No abstract provided.
Pews, Sidelines, And Locker Rooms: Moment Of Silence Policy Is The “Hail Mary” To Achieve Constitutionality Of Prayer In Public-School Athletic Contests, Rachel Amber Frost
Pews, Sidelines, And Locker Rooms: Moment Of Silence Policy Is The “Hail Mary” To Achieve Constitutionality Of Prayer In Public-School Athletic Contests, Rachel Amber Frost
Student Works
No abstract provided.
“The Unarmed Road Of Flight”: The Rights Of Lgbt Asylum-Seekers Under American Refugee Law, Douglas R. Praschak
“The Unarmed Road Of Flight”: The Rights Of Lgbt Asylum-Seekers Under American Refugee Law, Douglas R. Praschak
Student Works
No abstract provided.
Whistleblowing: How Courts Should Referee Constructive Discharge, Lauren R. Allingham
Whistleblowing: How Courts Should Referee Constructive Discharge, Lauren R. Allingham
Student Works
No abstract provided.
Matter Of A-B-: A Decision That Absolves The United States Of Its Role In Creating And Promoting Violence In El Salvador, Yenis Vanesa Argueta
Matter Of A-B-: A Decision That Absolves The United States Of Its Role In Creating And Promoting Violence In El Salvador, Yenis Vanesa Argueta
Student Works
No abstract provided.
Forensic Pathologists As Expert Witnesses In Estimating Time Of Death, Corissa Sherman
Forensic Pathologists As Expert Witnesses In Estimating Time Of Death, Corissa Sherman
Student Works
No abstract provided.
Parents Vs. Physicians: Treatment Decisions For Compromised And Severely Ill Newborns, Oyinkansola Lapite
Parents Vs. Physicians: Treatment Decisions For Compromised And Severely Ill Newborns, Oyinkansola Lapite
Student Works
No abstract provided.
Sea Water Dissolves Disability Discrimination Protections: The Application Of Title I Of The Americans With Disabilities Act To Foreign-Flag Cruise Ship Employees, Brittany Arnold
Student Works
No abstract provided.
Carpenter: Framing Fourth Amendment Jurisprudence On A Textual Foundation, Seth Essendrop
Carpenter: Framing Fourth Amendment Jurisprudence On A Textual Foundation, Seth Essendrop
Student Works
No abstract provided.
The Varying Views Of Substance Use Disorder Based On Temporal Considerations: Preventative Sympathy V. Retroactive Condemnation, Ryan E. Vander Horn
The Varying Views Of Substance Use Disorder Based On Temporal Considerations: Preventative Sympathy V. Retroactive Condemnation, Ryan E. Vander Horn
Student Works
No abstract provided.
Neuroscience As A Basis For The Transformation Of Bifurcated Liability In Tort, Andrew Raimondi
Neuroscience As A Basis For The Transformation Of Bifurcated Liability In Tort, Andrew Raimondi
Student Works
No abstract provided.
Protecting The Penitent While Considering Capta, Brian Kane
Protecting The Penitent While Considering Capta, Brian Kane
Student Works
No abstract provided.