Law Commons^™

Recognizing The Charter Value Of Employee Freedom Of Association At Common Law, Kevin Banks

Osgoode Hall Law Journal

This article systematically explores, for the first time in the published literature, how the development of the common law of employment could advance in light of the Charter values doctrine, focusing on freedom of association. It contends that courts must scrutinize the common law’s impairments of that freedom, and unless they are necessary to similarly important common law values, eliminate them where it is possible to do so within courts’ powers to incrementally change it. A number of such paths are open. If asked to do so, courts probably can and should provide Canadians with a common law of employment …

Allocative Justice As A Constraint On Fiscal Imperialism In International Tax, Okanga Ogbu Okanga, Kim Brooks

Osgoode Hall Law Journal

Taxpayers’ cross-border activities often result in two (or more) states claiming the right to tax their income. To address concerns about how those tax liabilities might aggregate and suppress international activities, states typically agree to split the tax base between them. But how can states fairly share tax revenue from cross-border activities? Tax scholars and policymakers offer different normative perspectives to address this inter-nation equity conundrum. In this article, we conceptualize these normative perspectives into two types. One centres on identifying where the economic factors that lead to the ability to produce the income are located (and uses that determination …

The Enduring Significance Of Nuanced Ideological Voting In The Supreme Court Of Canada, C. L. Ostberg, Matthew E. Wetstein

Osgoode Hall Law Journal

THE CHARTER REVOLUTION IN CANADA has ushered in a new era of politics on the Supreme Court of Canada that places the Court at the centre of controversial policy questions that are fundamental to a democratic society. Through its early Charter rulings, the Court advanced a host of rights and liberties claims resulting in the charge that it had become far more activist. This shift exemplifies a broader pattern occurring across high courts around the world in the late twentieth century that some scholars describe as the growing judicialization of politics. The Court’s increased role in reviewing government policy has …

Reply To Review Of Assisted Suicide In Canada, Travis Dumsday

Osgoode Hall Law Journal

I AM VERY GRATEFUL to the editors of the Osgoode Hall Law Journal for their invitation to submit a response to the journal’s review of my book, Assisted Suicide in Canada: Moral, Legal, and Policy Considerations. That review appeared in its spring 2023 issue.

A Culture Of Justification: Vavilov And The Future Of Administrative Law By Paul Daly, Jordana Borzellino

Osgoode Hall Law Journal

ON DECEMBER 19TH, 2019, the Supreme Court of Canada (SCC) handed down one of the most influential cases of the decade in Canada (Minister of Citizenship and Immigration) v Vavilov. From an FBI raid to uncovering secret Russian spies, it is not often that Canadian administrative law deals with such an exhilarating situation. However, for the respondent, Alexander Vavilov, this was the situation that jolted him into the throes of administrative legal reform in Canada.

A History Of Law In Canada, Volume Two: Law For The New Dominion 1867–1914 By Jim Phillips, Philip Girard, And R. Blake Brown, Johnathon Cruickshank

Osgoode Hall Law Journal

DID YOU HEAR THE ONE about the Supreme Court of Canada justice owing the Prime Minister five thousand dollars? No, this is not the set-up of a cheesy law school joke nervously told at a pub night mixer. Rather, it was a shockingly true occurrence in the Laurier era that goes to show how drastically different (and a tad more corrupt) our legal system was over one hundred years ago. While not all the historical points of interest are juicy revelations concerning public officials, A History of Law in Canada, Volume Two: Law for the New Dominion 1867–1914 wraps an …

Shari’A, Inshallah: Finding God In Somali Legal Politics By Mark Fathi Massoud, Danyal Maqbool

Osgoode Hall Law Journal

Shari’a, InshAllah: Finding God in Somali Legal Politics (“Shari’a InshAllah”), written by Mark Fathi Massoud, professor of politics and legal studies at the University of California, Santa Cruz, is a compelling and fascinating work chronicling the relationship between law, religion, and politics in the context of Somalia’s recent history. In this book, Massoud explores the inextricability of religion from Somali legal politics as the country grapples with its colonial and post-colonial legacies and relationships to power in a society where God serves as a conduit for both faith and aspirations of self-determination. In a region where distrust of Western institutions …

When Culture Becomes Law: Mayan Heritage And The New Constitutional Recognition Of Collective Rights In Mexico, José Israel Herrera, Victor Manuel Colli Ek

Journal of Maya Heritage

Abstract. The constitutional reform of September 30, 2024 to article 2 marks a substantive change in the recognition of indigenous peoples as subjects of public law, with their own patrimony, valid normative systems and express right to conserve, protect and develop their cultural, material and immaterial heritage. This article analyzes the legal implications of this reform in the context of the Maya people, especially with regard to collective intellectual property, the right to prior consultation and the constitutional recognition of bioculturality. A critical reading of the new normative framework is proposed, with emphasis on its transformative potential for the territorial …

Varieties And Domains: A Syncretic Synthesis Of Law And Justice In India ( Including A Special Emphasis On Alternate Dispute Resolution), Amrith Bhargav B

Theses and Dissertations

From the abstract idea of Dharma that enabled the practice and sustenance of local custom and usage, law was defined without verbiage but in meanings and understandings. In the colonial age, law was constantly being defined and codified not just textually, but through projects of economies of politics, knowledge and power in a way that their transactional metrics produced social and cultural genres that changed India forever. In that state of play, lawyers and their associated players contributed to the emerging culture of power and dominance with their tool of making the law through cases and mainstreamed the colonial legal …

Digital Evidence As A Means Of Proof In Criminal Proceedings In The Uae, Dr.Khaled Ramadan Soltan

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

This paper addresses key issues related to the admissibility of digital evidence—a pivotal concern in modern legal proceedings. The use of such evidence is fraught with challenges, particularly due to the rapid technological changes and heightened concerns surrounding electronic data privacy. In the criminal justice system, these challenges can impact the admissibility of evidence, its presentation in trial, and the charging and resolution of cases.

This study examines the difficulties of admitting digital proof before the UAE judiciary. Considering the trend towards the digital world as an alternative to the tangible world, interest is increasing in the extent of the …

Role-Playing For Learning: Enhancing Skills In Doctrinal Courses, Yael Efron, Nellie Munin

DRI Press

This book addresses the need that educators have to make theoretical concepts tangible. Teachers across various subjects and educational settings grapple with the challenge of communicating abstract ideas to diverse audiences while aiming to ignite curiosity and sustain engagement. The authors offer their insight into the method of role-playing in various law courses in a highly diverse class. The book contains thirteen simulations with teaching notes, along with the theoretical background for this method of teaching.

This is the first in a series of skills books published as part of Mitchell Hamline School of Law’s Laboratory for Advancing Dispute Resolution …

A Cancer Education Needs Assessment: Informing Middle-Aged Female Patients About The Relationships Between Obesity And Women’S Health Concerns In The Reproductive System, Breast, And Endometrial Health, Batul Mirza

MUSC Theses and Dissertations

Obesity significantly impacts women’s health, particularly among middle-aged women, by increasing the risk of hormone-sensitive cancers such as breast, endometrial, and reproductive system cancers. This study examines the educational needs of this demographic group regarding obesity-related cancer risks and explores effective intervention strategies. Obesity-induced mechanisms – hormonal imbalances, chronic inflammation, and insulin resistance – drive cancer susceptibility, emphasizing the need for targeted health education. The study employs a qualitative design, which includes interviews with subject matter experts (SMEs) and surveys of middle-aged women. The goal is to assess awareness, perceived barriers, and preferred learning methods. Findings suggest that with many …

Deepfakes Deconstructed, Jacob Noti-Victor

Articles

With the rapid advancement of photorealistic generative Al technology, the problem of sexually explicit deepfakes has grown more urgent than ever. Thanks to widely available Al systems, users can now easily create images that appear to depict real people engaging in sexual acts. Not only have Taylor Swift and other celebrities been targeted, but deepfakes are also now alarmingly prevalent in American schools.

Table Of Contents & Masthead, Karina Grobman

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman

Pepperdine Dispute Resolution Law Journal

Increasing polarization magnifies the importance of inter-cultural dialogue, which can be fruitful if the participants treat one another with civility. Civility manifests in various forms, and this Comment will focus on civility through the lens of Stephen L. Carter’s lauded book Civility: Manners, Morals, and the Etiquette of Democracy, applying lessons at the micro-level in the law school classroom. Part II explores various aspects of civility and the rules governing civility. Then, Part III focuses on civility in the legal profession and California’s new Continuing Learning Education (CLE) requirement. Next, Part IV briefly addresses views of civility from faith perspectives. …

Keynote Address: What Is An Enemy: Spirituality And The Attitude Of Forgiveness, Kenneth Cloke

Pepperdine Dispute Resolution Law Journal

Pepperdine Dispute Resolution Law Journal’s Symposium on Faith, Dialogue, and Meaning, held in November 2024. This Keynote Address explores the relationship between spirituality and conflict resolution, with a focus on forgiveness.

Collective Judo: Ethics And Access To Justice In Mass Arbitration Companies, Michael Doman

Pepperdine Dispute Resolution Law Journal

Over the past five years, several law firms have engaged in “mass arbitration.” This strategy involves aggregating hundreds or thousands of arbitrations and filing them all at once against a company, sometimes forcing the company to either pay huge sums to defend all the claims or settle with all the claimants. This Article discusses how mass arbitration coordinated by nonlawyers and companies should be legally protected by courts and regulators, provided that companies in this space erect specific ethical safeguards. Most notably, mass arbitration companies should implement better procedures to obtain informed consent from their customers, using technology to lower …

Not So "Fast And Furious": Why "Adjournment" Pending A Set-Aside Proceeding Could Further The New York Convention's Purposes, Martina Chun

Pepperdine Dispute Resolution Law Journal

This Comment considers “adjournment” of enforcement proceedings under Article VI of the New York Convention, which allows a “pause” or a “stay” on enforcement pending a set-aside proceeding. Adjournment is an effective tool when a party initiates a proceeding to set aside, or annul, an award. While adjournment may mean that the enforcement of an award is not as “fast and furious” as some may prefer, it may be the unheralded solution—often overlooked and seldom discussed – that, despite its low profile, can significantly promote efficiency and prevent issues arising from multiple cross-border litigation proceedings.

Being There: Perils Of Disembodied Mediation, Rob Mcniff

Pepperdine Dispute Resolution Law Journal

Following the growth of online mediation during the COVID-19 pandemic, practitioners and ADR scholars sought to delineate the virtues and shortcomings of the online process. Many report satisfaction with online mediation. Still, critics find the process devoid of emotional experience or otherwise “dehumanizing.” As ADR practitioners contrast online and face-to-face experiences, and recommend a forum to disputing parties, they should acknowledge that online platforms can never replicate physical encounters between embodied persons. This Article draws on the work of 20th century philosophers, psychologists, and sociologists to explore mediation as corporeal encounter between embodied subjects. Online mediation, by constraining the involvement …

Corruption's Challenge To Arbitral Legitimacy, Margaret L. Moses

Pepperdine Dispute Resolution Law Journal

The widespread growth of corruption in international business transactions has created a crisis of legitimacy for international arbitration. Because international contracts regularly provide for resolution of disputes by arbitration, the deep-rooted presence of fraud, bribery, money laundering and other illicit activity raises challenges to arbitrators about their proper role in resolving disputes tainted by corruption. In cases of corruption, parties may refrain from presenting facts and evidence that reveal their deceptive practices. Arbitrators need to be more interventionist in these kinds of cases than they have been in traditional arbitration practice. Following the Introduction in Part I, Part II of …

Stranger Disputes: When Artificial Intelligence Turns Arbitration Upside Down, Imre Stephen Szalai

Pepperdine Dispute Resolution Law Journal

Arbitration agreements are everywhere in the United States. These agreements already block access to courts in a troubling manner, and pursuant to these agreements, parties must resolve their disputes before a private, human arbitrator with broad, virtually unreviewable powers. However, with the growth of AI, companies could easily redraft their contracts to require arbitration before non-human bots or AI arbitrators instead of a human arbitrator. Based on the history, values, policy, and text of the Federal Arbitration Act (FAA), this Article concludes that the FAA would govern and support the use of an AI arbitrator. As a result, a pre-dispute …

Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Class Actions And The Restitutionary Disgorgement Remedy For Torts: The Unfortunate Triumph Of The Parasitic Theory, John D. Mccamus

Louisiana Law Review

No abstract provided.

Amicus Curiae Brief Of Law Professors In Support Of Plaintiffs-Appellees, Jeffrey Lubbers

Amicus Briefs & Court Filings

No abstract provided.

Report Of The Special Rapporteur On The Implications For Human Rights Of The Environmentally Sound Management And Disposal Of Hazardous Substances And Wastes, Marcos Orellana - Military Activities And Toxics, Marcos Orellana

PEEL Faculty Scholarship

Implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

Note by the Secretary-General

The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, in accordance with Human Rights Council resolution 54/10.

From The Sidelines To The Courtroom: Nfl Coaches And Anti-Tampering Policy In Wake Of Ftc's Non-Compete Ban, Ruslan Aminov

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Drug Versioning And Legal Accountability, Robert A. Bohrer

Faculty Scholarship

No abstract provided.

Secrets, Secrets Are No Fun: The Knicks V. Raptors Trade Secrets Dispute And The Implications Of New York's Non-Adoption Of The Utsa, Vanessa Wydeven

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Righting Sports Law: The Contribution Of The United Nations, Ariel E. Dulitzky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.