Law Commons^™

General Legislation, S. Barrow, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Constitutional Equity And The Innovative Tradition, William T. Quillen

Law and Contemporary Problems

It is argued that the court's status as a general equity court with constitutionally vested jurisdiction has benefitted the legal system. The Delaware court of chancery is an example of an equity court that resolves complex disputes expeditiously and lets the litigants move on.

Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie

Dalhousie Law Journal

During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?

The Tribunal In Albania, John Paul Jones

Law Faculty Publications

Professor Jones explains and critiques "The Organization of Justice and the Constitutional Court," the1992 amendments to Albania's provisional constitution that established the nation's post-revolution judicial system.

When Courts Refuse To Frame The Law And Others Frame It To Their Will, Susan P. Koniak

Faculty Scholarship

In the aftermath of Kaye, Scholer, Fierman, Hays & Handler's settlement with the government,¹ two versions of the story have emerged. The most popular version features the government actors as villains-villains with new and lethal weapons at their disposal, willing to enforce law that has leapt full grown from their heads like Zeus' child, law of which the rest of the civilized world was unaware. The counterstory, less often told but not without adherents, casts the lawyers of Kaye, Scholer as the villains: unscrupulous and greedy lawyers ready to break any rule, defile any process, twist any truth on …

Oppressed But Not Betrayed: A Comparative Assessment Of Canadian Remedies For Minority Shareholders And Other Corporate Constituents, Deborah A. Demott

Law and Contemporary Problems

The distinctive Canadian contribution to the resolution of conflict among shareholders and of conflict between nonshareholder constituents--such as creditors--and persons controlling a corporation, typically its shareholders and directors, is examined with respect to comparable US judicial remedies.

Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Book Review Of The National Directory Of Courts Of Law 1991, James S. Heller

Library Staff Publications

No abstract provided.

Judicial Independence, Adequate Court Funding, And Inherent Judicial Powers, Jeffrey Jackson

Maryland Law Review

No abstract provided.

Specifying Grounds For Judicial Disqualification In Federal Courts., Leslie W. Abramson

Faculty and Staff Scholarship

One essential component of equal justice under the law is a neutral and detached judge to preside over the court proceedings. Public confidence in the legal system is maintained when a judge has no interest in the parties, attorneys or subject matter of the litigation. Sua sponte or by motion of a party, a federal judge is subject to disqualification for conflicts of interest on both constitutional and statutory grounds

Editing, Carol Sanger

Faculty Scholarship

In May 1993, I published a book review of Richard Posner's Sex and Reason. The review was modest in length and in purpose, part of an informal division of labor undertaken by the many critics of Sex and Reason. It challenged Judge Posner's claim that an economic analysis of sex was something new and argued that women have been making rational choices with regard to sex and reproduction for quite a long time, something that Judge Posner's book seemed to miss and misunderstand throughout.

Readers of the review (the members of my MCI Friends and Family Plan) have …

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

John D. Appel, Leslie Berman

Cardozo Law Review

No abstract provided.

Why The “Look And Feel” Of Computer Software Should Not Receive Copyright Protection, Matthew J. Fortnow

Cardozo Law Review

No abstract provided.

The Payne Of Allowing Victim Impact Statements At Capital Sentencing Hearings, Michael I. Oberlander

Vanderbilt Law Review

A teenage boy returns from a night out with his friends to find his home in disarray; furniture is strewn about and valuable belongings are missing. He ventures towards his parents' bedroom, unaware of the horrific scene that he soon will witness. As he enters his parents' bedroom a sudden sense of reality washes over him as he views the scene in the room: his parents are dead on their bed, in inhuman, violently conorted positions, with blood covering the sheets, their bodies, the floor, and the walls. The boy, in shock, reaches for the phone and calls the police. …

Consideration And Estoppel: Problem And Panacea, Bruce Macdougall

Dalhousie Law Journal

In his book, The History of the Common Law of Contract, A.W.B. Simpson demonstrates that consideration originally seems to have meant the "matter of inducement" - the "why" of entering a promise.' He writes: "The essence of the doctrine of consideration, then, is the adoption by the common law of the idea that the legal effect of a promise should depend upon the factor or factors which motivated the promise. To decide whether a promise to do X is binding, you need to know why the promise was made."2 In modem terms, according to Simpson, a promise which lacks any …

Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety

Dalhousie Law Journal

Does discrimination law have anything in common with the common law? This question, which may have been reworded from time to time in deference to the age in which it was raised, is one which has recurred with remarkable tenacity throughout most of this century. It is also a question which continues, despite initial impressions, to be relevant to the manner in which adjudicatots interpret and apply anti-discrimination legislation today.

The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire

Dalhousie Law Journal

This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …

Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant

Dalhousie Law Journal

This paper is about discrimination in the legal profession, and about the kinds of responses to discrimination that the legal profession should be considering. I begin with a review of the various forms of discrimination which exist in the legal profession. Discrimination in the legal profession ranges from the exclusion of the members of certain groups from parts of the profession, to sexual harassment, to discrimination in our courts, to the exclusion and deprecation of the perspectives and experiences of those who have not traditionally beenin positions of power. Discrimination in the legal profession occurs against women, against aboriginal people, …

Change Of Position And Estoppel As Defences To An 'Action For Money Paid By Mistake, Karl J. Dore

Dalhousie Law Journal

The recent decision in RBC Dominion Securities Inc.v. Dawson' raises some interesting questions regarding the defences available to a claim in restitution for the recovery of money paid by mistake. At issue were the, defences of change of position and estoppel. Both defences are recognized in Canadian law, but questions remain regarding their limits and their relationship.

Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington

Dalhousie Law Journal

Events often gain a momentum of their own, sometimes well beyond that anticipated by those who set them in motion; this is as true in the field of law as it is in other areas of human endeavour. MorguardInvestments Ltd. v. De Savoye' is a legal event which seems to be taking on a rapidly building momentum. Basing themselves on this decision, Canadian courts, especially those in British Columbia, are recognizing and enforcing judgments from other courts in civil matters, even when these judgments bear few, if any, of the hallmarks that traditionally entitled a foreign judgment to be recognized …

Public Housing And Equality Rights - Dartmouth/Halifax County Regional Housing Authority V. Irma Sparks, Stephen G. Coughlan

Dalhousie Law Journal

In Dartmouth/HalifaxCounty Regional Housing Authority v. Sparks, courts in Nova Scotia are once again called upon to consider whether tenants in public housing are entitled to the same protection as private tenants. The Supreme Court Appeal Division decided in Bernard v. Dartmouth Housing Authority that shorter notice periods for public housing tenants were not objectionable, under either s. 7 or s. 15 of the Charter. The issue will now return to the Court of Appeal, but in the meantime the County Court has held that Bernard still sets the standard in Nova Scotia.

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …

The Hollow Hope: Can Courts Bring About Social Change?, Ian Holloway

Dalhousie Law Journal

Coming as it does in the midst of all the palaver over political correctness within the American academic community, The Hollow Hope is, if nothing else, an opportune articulation of iconoclasm in the debate over civil rights and constitutional law in the United States.' Professor Rosenberg's questioning of the "cult of the court" provides a welcome expression of healthy skepticism towards an institution which conventional myth reveres beyond its due.

The Georgia Jury And Negligence: The View From The (Federal) Bench, R. Perry Sentell Jr.

Scholarly Works

This is the second part of a two-part inquiry into the quality of jury performance in Georgia negligence cases. Evaluation begins from within. That is an especially prominent truth in respect to the trial of negligence cases. The lay-professional partnership composing the civil trial system is unique. the professional's continuity provides a point of perfect perspective on the transient lay component--both its capacity and its performance. If the professional will share that perspective, it can structure a benchmark for foundational appraisal. To their great credit, the state and federal trial judges of Georgia are unstinting in assisting to construct that …

Equality And Access To Justice In The Work Of Bertha Wilson, Hester Lessard

Dalhousie Law Journal

Increasingly, Canadians have sought to understand themselves as a community through the language of equality rights. There are several practical and theoretical consequences to this choice of language. One of the practical consequences is that a formal commitment to equality raises public consciousness with regard to material and social disparities and to some extent gives those who are excluded or marginalized at least a rhetorical claim to participation and a share in resources. However, another consequence is that while promoting a rhetoric of respect and individual dignity, equality discourse also places a disproportionate amount of power in the hands of …

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

Articles

No abstract provided.

United States V. Morison: A Threat To The First Amendment Right To Publish National Security Information, David H. Topol

South Carolina Law Review

No abstract provided.

Peremptory Challenges: Edmonson V. Leesville Concrete Co. And The Batson Motion In Civil Litigation, Michael V. Hammond

South Carolina Law Review

No abstract provided.