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Articles 361 - 390 of 990
Full-Text Articles in Constitutional Law
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig
Scholarly Articles
Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …
Constitutional Fictions And Meritocratic Success Stories, Robin West
Constitutional Fictions And Meritocratic Success Stories, Robin West
Washington and Lee Law Review
No abstract provided.
The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl
The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl
Scholarly Articles
Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.
This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …
The Fourth Revolution, Robert C. Power
The Fourth Revolution, Robert C. Power
Washington and Lee Law Review
No abstract provided.
Thermal Surveillance: Do Infrared Eyes In The Sky Violate The Fourth Amendment? , M. Annette Lanning
Thermal Surveillance: Do Infrared Eyes In The Sky Violate The Fourth Amendment? , M. Annette Lanning
Washington and Lee Law Review
No abstract provided.
The Thrift Crisis And The Constitution, Stanley I. Langbein
The Thrift Crisis And The Constitution, Stanley I. Langbein
Washington and Lee Law Review
No abstract provided.
"Neither Force Nor Will", Lewis H. Larue
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Telling Stories About Constitutional Law, Lewis H. Larue
Telling Stories About Constitutional Law, Lewis H. Larue
Scholarly Articles
Not available.
Liberalism And The Limits Of Procreative Liberty: A Response To My Critics, John A. Robertson
Liberalism And The Limits Of Procreative Liberty: A Response To My Critics, John A. Robertson
Washington and Lee Law Review
No abstract provided.
Text As Tool: Why We Read The Law, Richard K. Greenstein
Text As Tool: Why We Read The Law, Richard K. Greenstein
Washington and Lee Law Review
No abstract provided.
Products Of The Will: Robertson's Children Of Choice, Gilbert Meilaender
Products Of The Will: Robertson's Children Of Choice, Gilbert Meilaender
Washington and Lee Law Review
No abstract provided.
Children Of Choice: Whose Children? At What Cost?, Laura M. Purdy
Children Of Choice: Whose Children? At What Cost?, Laura M. Purdy
Washington and Lee Law Review
No abstract provided.
Regulating Choice: A Constitutional Law Response To Professor John A. Robertson's Children Of Choice, Ann Maclean Massie
Regulating Choice: A Constitutional Law Response To Professor John A. Robertson's Children Of Choice, Ann Maclean Massie
Washington and Lee Law Review
No abstract provided.
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Washington and Lee Law Review
No abstract provided.
The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh
The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh
Washington and Lee Law Review
No abstract provided.
Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode
Washington and Lee Law Review
No abstract provided.
Justice Blackmun And The "Failed Experiment", William S. Geimer
Justice Blackmun And The "Failed Experiment", William S. Geimer
Capital Defense Journal
No abstract provided.
Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl
Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl
Scholarly Articles
This essay explores the constitutionality of sections 46.01(1) and 19(1)(c.1)(i) of the federal Immigration Act. These sections empower immigration officials to exclude from the refugee determination process any claimant who has arrived in Canada via a "safe" third country or who has been determined to have committed a criminal offence in the home country, unless the claimant falls into several narrow exceptions provided by the statute. The author submits that these provisions violate the procedural requirements of fundamental justice guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. A further investigation is made as to whether these …
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl
Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Anthony Drumbl
Scholarly Articles
Female partner abuse -- the battering inflicted by heterosexual men upon their wives, common-law spouses and intimate partners -- is a pervasive phenomenon in North American society. Through a comparative analysis of the responses to female partner abuse in Buffalo (New York), Toronto and London (Ontario) this paper demonstrates that pro-arrest policing policies have a vital role in curbing conjugal violence. Nevertheless, any truly effective response to female partner abuse must link the criminal justice system with other areas of the law as well as community services. With this interdisciplinary approach as a governing paradigm, several reforms are proposed. These …
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl
Scholarly Articles
In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.
Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack
Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack
Washington and Lee Law Review
No abstract provided.
The Text Of The Free Exercise Clause As A Measure Of Employment Division V Smith And The Religious Freedom Restoration Act, Allan Ides
Washington and Lee Law Review
No abstract provided.
Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins
Cooper V. Dupnik: Civil Liability For Unconstitutional Interrogations, Julie E. Hawkins
Washington and Lee Law Review
No abstract provided.
Illiteracy, Disempowerment And Injustice: How The Ontario Human Rights Code Can Protect Persons With Low Literacy Skills, Mark Anthony Drumbl
Illiteracy, Disempowerment And Injustice: How The Ontario Human Rights Code Can Protect Persons With Low Literacy Skills, Mark Anthony Drumbl
Scholarly Articles
For too long individuals with low literacy skills have been viewed as "illiterates" living on the margins of society, unable to function as well as their "literate" counterparts. In reality, the one third of all Canadians who have weak literacy skills perform vital roles in society and deserve not to be discriminated against in political employment and contractual situations.
Accordingly, the author suggests that discrimination against individuals with low literacy skills be prohibited by the creation of a new ground in the Ontario Human Rights Code entitled "lack of proficiency in English or French". The author canvasses the ability of …
Case Comments E. Constitutional Law Dinh V. Rust International Corporation
Case Comments E. Constitutional Law Dinh V. Rust International Corporation
Washington and Lee Law Review
No abstract provided.
The Warren Court And The Pursuit Of Justice, Morton J. Horwitz
The Warren Court And The Pursuit Of Justice, Morton J. Horwitz
Washington and Lee Law Review
No abstract provided.
Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison
Appointments Clause Problems In The Dispute Resolution Provisions Of The United States-Canada Free Trade Agreement, Alan B. Morrison
Washington and Lee Law Review
No abstract provided.
The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey
The Appointments Clause And International Dispute Settlement Mechanisms: A False Conflict, Wiliam J. Davey
Washington and Lee Law Review
No abstract provided.
Appointments With Disaster: The Unconstitutionality Of Binational Arbitral Review Under The United States-Canada Free Trade Agreement, Jim C. Chen
Washington and Lee Law Review
No abstract provided.