Transnational Law Commons^™

Volume 42 (2018), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Hydraulic Fracturing Litigation: The Case Of Jessica Ernst & The Problem Of Factual Causation, Oliver Hutchinson

Canada-United States Law Journal

Modem hydraulic fracturing technology and horizontal drilling have made it possible and profitable for oil and gas companies to extract natural gas from underground shale and coal formations that would otherwise be inaccessible. Horizontal drilling, in particular, has enabled oil and gas companies to turn under-producing reservoirs into profitable extractive sites. However, despite its technological achievements and economic efficiencies, hydraulic fracturing is not without controversy. One of the main concerns is the potential for groundwater contamination. While experts disagree, the preponderance of evidence suggests that hydraulic fracturing can and has resulted in the unintended toxic contamination of nearby groundwater sources. …

Panel: Preserving Financial Integrity And Promoting Compliance, Diane Francis, Richard Gordon, Josee Nadeau

Canada-United States Law Journal

A panel discussion is presented between the speakers of the Canada-United States Law Institute Conference namely Diane Francis, Richard Gordon, and Josee Nadeau. Topics include fostering of financial integrity and compliance; economic relation between Canada-U.S.; and prevention of financial crimes and fostering financial integrity.

Cusli Expert Roundtable Report On "Is There A Path Forward For North American Trade?", Sophie E. Bones, Dena Shayne

Canada-United States Law Journal

The following is a report of the Canada-United States Law Institute's November 2017 Experts Meeting held at the offices of Steptoe & Johnson LLP in Washington, D.C. The Meeting focused on the current state and future of the North American Free Trade Agreement.

Masthead, Volume 42 (2018)

Canada-United States Law Journal

No abstract provided.

2018 Sidney Picker, Jr. Award Remarks: States And Borders, Maureen Irish

Canada-United States Law Journal

A speech is presented by Maureen Irish, on the occasion of 2018 Sidney Picker, Jr. Award at the Canada-United States Law Institute 42nd Anniversary Conference. Topics include Canada-U.S. relation on energy, trade, and providing sovereignty to environment; human rights, the environment, and human population; and general principals of customary international law.

"The Tip Of The Iceberg": Human Trafficking, Borders And The Canada-U.S. North, Mike Perry

Canada-United States Law Journal

No abstract provided.

Joint Law-Business Case Study Competition Program, Canada-United States Law Institute

Canada-United States Law Journal

The article offers information on Joint Law-Business Case Study Competition project. It mentions about competition will provide law students growth of interdisciplinary learning; and will provide Canada-United States Law Institute and its supporting institutions with a unique student competition experience of Moot Court model. It also mentions about use of negotiation agreements in commercial law.

Of Trade And Beer: Nafta, The Comeau Case And Regulatory Cooperation, Maureen Irish

Canada-United States Law Journal

This article is adapted from the 11th Canada-United States Law Institute Distinguished Lecture given by Professor Maureen Irish at Western University Faculty of Law on October 2, 2017. The Supreme Court of Canada is hearing a case that deals with the nature of the internal market in Canada. This paper discusses trade law relating to regulatory cooperation in NAFTA, the European Union, the Canadian Free Trade Agreement and other recent Canadian international initiatives. It examines the ways in which these treaties and other arrangements respond to regulatory differences between importing and exporting jurisdictions. The challenge of how to deal with …

Distinguished Panel: Face Off Or Fresh Start? International Trade In Times Of Turmoil, Terence P. Stewart, John M. Weekes, Allan Wm. Wolff

Canada-United States Law Journal

A panel discussion is presented between the speakers of Canada-United States Law Institute Conference including Terence P. Stewart, John M. Weekes, and Alan Wm. Wolff. Topics include Canada-U.S. trade relations; North American Free Trade Agreement (NAFTA); and efforts in establishing a Free Trade Agreement.

Management Of The Great Lakes-St. Lawrence Maritime Transportation System, Mike Piskur

Canada-United States Law Journal

The Great Lakes-St. Lawrence Maritime Transportation System ("MTS") bears critical importance to the economic competitiveness of Canada and the United States ("US"). Maritime transportation comprises both a major economic driver and job creator for both countries. As a cost-effective and highly efficient means of transporting raw materials and finished products to market, the MTS is essential to agricultural, mining, and manufacturing supply chains that frequently stretch across the US-Canada border and beyond. Yet management of the MTS is fragmented, with responsibility for various system components scattered across numerous federal agencies in both the US and Canada. This fragmentation results in …

International Law In A Turbulent World, Lawrence L. Herman

Canada-United States Law Journal

10th Annual Canada-United States Law Institute Distinguished Lecture by the diplomatic officer at the Canadian Mission to the United Nations, on human rights, climate change and terrorism, and UNCLOS (Law of the Sea Convention)

Constructivism, Embedded Liberalism And Anti-Dumping Canadian Public Interest Query As Case Study Of Embedded Liberalism, Wissam Aoun

Canada-United States Law Journal

The majority of proposals for international anti-dumping reform focus almost entirely on the relevant economic factors - consumer welfare losses and gains. Therefore, almost all proposals come to the exact same conclusion; in light of the enormous welfare losses suffered by domestic consumers, international anti-dumping law should be repealed in its entirety, or at least replaced by some form of international competition law. However, this analysis views the issue of anti-dumping law through the constructivist lens, and more specifically, the embedded liberalism view of international trade law. From this perspective, economics alone does not grasp the constitutive realities at play …

Canada And United States: Campus Sexual Assault Law & Policy Comparative Analysis, Aliza Lopes-Baker, Mathew Mcdonald

Canada-United States Law Journal

The article compares law and policy regarding the sexual assault in university campuses in Canada and the U.S., including campus policies which must identify the processes to be followed by administration when responding to, and addressing claims of, sexual assault or violence involving enrolled students, under federal laws, such as Title IX of the 1972 Education Amendments to the Higher Education Act of 1965.

Masthead, Volume 41 (2017)

Canada-United States Law Journal

No abstract provided.

The Approval Of Waukesha's Diversion Application Under The Great Lakes -St. Lawrence River Basin Water Resources Compact -- Bad Precedent For The Great Lakes, Adriana Forest

Canada-United States Law Journal

This article examines the application of Waukesha, Wisconsin in 2010 for an exception under the Great Lakes-St. Lawrence River Basin Water Resources Compact to divert water from Lake Michigan for its municipal water supply ... This article demonstrates that the approval of Waukesha's Diversion Application is of serious concern and sets a dangerous precedent for the Great Lakes and St. Lawrence River.

Do Ontario School Boards Have Too Much Statutory Power? A Comparison Of Expropriation And Eminent Domain In Ontario And Michigan, Mario Marrell, Michael Valentin

Canada-United States Law Journal

The authors discuss the comparative law of expropriation, particularly as exercised by school boards in Ontario and Michigan They suggest that the sweeping authority given to governments in Ontario to expropriate land should be reviewed and subjected to a stricter legal standard, possibly through a constitutionalization of a right to private property in Canada, In the United States, the Fifth Amendment protects an individual's right to private property and as such, the government must meet a much stricter standard before it lawfully takes an individual's land. Individuals in the United States who decide to litigate issues of expropriation when their …

Volume 41 (2017), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Panel Remarks: Canada, United States And European Union -- Out Of Sync On Trade Agreements? Or Are We Sympatico?, Juscelino Colares

Canada-United States Law Journal

The article offers on panel discussion regarding the cooperation of the U.S. and Canada on free trade issues and trade agreements; the expiration of the Softwood Lumber Agreement (SLA); and the status of the Trans-Pacific Partnership (TPP) in the U.S. Congress. Topics discussed include impact of interest rates on investment and economic activity, balancing effect of greater capital inflows that comes with trade deficits and concerns over the investor-state dispute settlement.

Joint Law-Business Case Study Competition Program, Canada-United States Institute

Canada-United States Law Journal

The article offers information on the Joint Law-Business Case Study Competition organized by Canada-United States Law Institute (CUSLI) with a unique student competition experience that will allow for continued student exchange and participation. It mentions it is an interdisciplinary case study competition that will bring together students from graduate law and business faculties to jointly problem solve. It also mentions incorporation of elements of the law school Moot Court model..

State Neutrality In Religious Affairs -- Civil Servants And Religious Dress, Simon Pelsmakher

Canada-United States Law Journal

This article examines the question of whether civil servants have the right to wear religious dress in Canada, the United States, and Europe.

It loos at different policies regarding the relationship between state neutrality and religious affairs, freedom of religion, and equality, and argues that civil servants should have the right to wear religious dress, without violating laws pertaining to neutrality.

Tpp And Isds: The Challenge From Europe And The Proposed Ttip Investment Court, Ian A. Laird

Canada-United States Law Journal

No abstract provided.

Remarks, David Johnston Gov. Gen.

Canada-United States Law Journal

No abstract provided.

Securing Critical North American Infrastructure: A Comparatice Case Study In Cybersecurity Regulation, Scott J. Shackelford, Zachery Bohm

Canada-United States Law Journal

No abstract provided.

Canada V. United States Of America, Rosemary A. Mccarney

Canada-United States Law Journal

No abstract provided.

The Dangers Of The Reference Question: Scc V. Scotus, Mark Mina Mikhaiel

Canada-United States Law Journal

No abstract provided.

Expert Rountable Report On International Trade And North American Infrastructre, Expert Panel

Canada-United States Law Journal

No abstract provided.

Lessons From Washington And Colorado: The Potential Financial Gains Of Recreational Marijuana To Canada, Nachshon Goltz, Ekaterina Bogdanov

Canada-United States Law Journal

No abstract provided.

Promise Utility Doctrine And Compatibility Doctrine Under Nafta: Expropriation And Chapter 11 Considerations, Freedom-Kai Phillips

Canada-United States Law Journal

No abstract provided.

Volume 40, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.