The Old Bailment Doctrine: The Answer To Fourth Amendment Jurisprudence In The Digital Age,
2020
Candidate for Juris Doctor, Roger Williams University School of Law,2020
The Old Bailment Doctrine: The Answer To Fourth Amendment Jurisprudence In The Digital Age, Shane Gallant
Roger Williams University Law Review
No abstract provided.
The Patriation Of Canadian Corporate Law,
2020
Allard School of Law at the University of British Columbia
The Patriation Of Canadian Corporate Law, Camden Hutchison
All Faculty Publications
Canadian corporate law belongs within a broader Anglo-American legal tradition, sharing many of the features of other common law jurisdictions, most notably England and the United States. Prior to Confederation, Canadian corporate law first emerged from nineteenth-century English legislation and continued to resemble English law – at least superficially – well into the twentieth century. Legislation is only one source of corporate law, however. Just as important is the creation of legal rules through the common law adjudicatory process. Thus, examining case law raises an important empirical question distinct from, though relevant to, the issue of legislative influence – namely, …
Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines,
2020
Seattle University School of Law
Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan
Seattle University Law Review
This Note argues that the O’Dell decision was a watershed moment for criminal justice reform. It argues that the reasoning in O’Dell should be seized upon by the legislature to take action to remediate instances in which defendants are legal adults but do not possess the cognitive characteristics of an adult sufficient to justify adult punishment. Given both the scientific impossibility of identifying a precise age at which characteristics of youthfulness end and adulthood begins and the Court’s repeated recognition that these very factors impact culpability, the current approach to sentencing young offenders aged eighteen to twenty-five as adults simply …
(Un)Common Law And The Female Body,
2020
University of Colorado Law School
(Un)Common Law And The Female Body, Lolita Buckner Inniss
Publications
A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Fe-male Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to precedent, …
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms,
2020
Touro University Jacob D. Fuchsberg Law Center
The Friday Night “Who Is Driving?” Debate Will Soon Come To An End: How Autonomous Vehicles Are Changing Our Lives And Societal Norms, Nicholas Calabria
Touro Law Review
No abstract provided.
Equity In American And Jewish Law,
2020
The Hebrew University of Jerusalem
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period,
2020
Loyola Marymount University and Loyola Law School
Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts
Loyola of Los Angeles International and Comparative Law Review
This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …
Committing To Justice: The Case For Impact Of Race And Culture Assessments In Sentencing African Canadian Offenders,
2020
Schulich School of Law, Dalhousie University
Committing To Justice: The Case For Impact Of Race And Culture Assessments In Sentencing African Canadian Offenders, Maria C. Dugas
Dalhousie Law Journal
Canadian judges have made notable, although too limited, strides to recognize the unique conditions of Black Canadians in sentencing processes and decisionmaking. The use of Impact of Race and Culture Assessments in sentencing people of African descent has gradually gained popularity since they were first introduced in R v “X.” These reports provide the court with the necessary information about the effect of systemic anti-Black racism on people of African descent and how the experience of racism has informed the circumstances of the offence, the offender, and how it might inform the offender’s experience of the carceral state. This paper …
The Economics Of Leasing,
2020
Columbia Law School
The Economics Of Leasing, Thomas W. Merrill
Faculty Scholarship
Leasing may be the most important legal institution that has received virtually no systematic scholarly attention. Real property leasing is familiar in the context of residential tenancies. But it is also widely used in commercial contexts, including office buildings and shopping centers. Personal property leasing, which was rarely encountered before World War II, has more recently exploded on a world-wide basis, with everything from autos to farm equipment to airplanes being leased. This article seeks to develop a composite picture of the defining features of leases and why leasing is such a widespread and highly successful economic institution. The reasons …
The Constitutional Logic Of The Common Law,
2020
Vanderbilt University Law School
The Constitutional Logic Of The Common Law, Douglas E. Edlin
Vanderbilt Journal of Transnational Law
This Article uses two concepts from philosophical logic, the transitive property and syllogistic reasoning, to examine the history and theory of the common law. More specifically, the Article uses the transitive property to challenge the claims of sovereignty theorists that parliamentary supremacy is truly the most fundamental historical and theoretical basis of the British constitution. Instead, the transitive property helps show that the history and theory of the common law tradition has long provided a role for independent courts in maintaining the rule of law as a foundational principle of the British constitution. The Article then closely analyzes the reasoning …
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault,
2020
Dalhousie University Schulich School of Law
An Examination Of How The Canadian Military's Legal System Responds To Sexual Assault, Elaine Craig
Dalhousie Law Journal
Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has been convicted …
Intervenors At The Supreme Court Of Canada,
2020
Laurier University, Law and Society Program
Intervenors At The Supreme Court Of Canada, Geoffrey D. Callaghan
Dalhousie Law Journal
My aim in this paper is to offer a normatively attractive and explanatorily sound interpretation of the Supreme Court of Canada’s approach to third party intervention. The crux of my interpretation is that the policy the Court has developed on intervenors allows it to strike a reasonable balance among a number of competing democratic considerations, all of which have value in the context of judicial decision making. In this respect, the Court should be commended for identifying a way to liberalize a practice that possesses many democratically-attractive features, but also the inherent capacity to undermine the democratic standing of the …
The Bad, The Ugly, And The Horrible: What I Learned About Humanity By Doing Prison Research,
2020
Dalhousie University, Schulich School of Law
The Bad, The Ugly, And The Horrible: What I Learned About Humanity By Doing Prison Research, Adelina Iftene
Dalhousie Law Journal
Every Canadian academic conducting research with humans must submit an ethics application with their university’s Research Ethics Board. One of the key questions in that application inquired into the level of vulnerability of the interviewees. Filling in that question, I had to check nearly every box: the interviewees were incarcerated, old, under-educated, poor, Indigenous or other racial minorities, and likely had mental and physical disabilities. However, it was not until I met John that I understood what all those boxes actually meant. They were signalling that I was entering a universe of extreme marginalization—the universe of the forgotten. I learned …
Demystifying Unconscionability: An Historical And Empirical Analysis,
2020
University of Oklahoma College of Law
Demystifying Unconscionability: An Historical And Empirical Analysis, Brian Mccall
Faculty Articles
The doctrine of unconscionability is encrusted with myths. First year law students are taught that the doctrine was created in the twentieth century. Unconscionability is often presented as a novel one, born in the Uniform Commercial Code’s adoption of Section 2-302 in the mid-twentieth century. Even those scholars who are willing to look a bit further afield than the twentieth century for the origins of the unconscionability doctrine typically only reach the mid eighteenth century. In addition to myths surrounding its origin, the doctrine has been presented as a dangerously vague and imprecise concept. Commentators and scholars have likewise characterized …
A Return To The Traditional Use Of The Writ Of Mandamus,
2020
Lewis & Clark Law School
A Return To The Traditional Use Of The Writ Of Mandamus, Audrey Davis
Lewis & Clark Law Review
A litigant filing a petition for a writ of mandamus takes a gamble. If unsuc- cessful, the petitioner risks not only wasting time and effort but also insulting the district court judge by calling into question his or her ability to carry out the basic duties of a judge. And even if successful, the petitioner still faces the risk of returning to the district court on less-than-friendly terms. More than anything, however, the writ of mandamus poses such risks because appellate courts have employed widely varying approaches in developing a standard for granting the writ. In order to offer greater …
The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823,
2019
Bowling Green State University
The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good
International ResearchScape Journal
Between the early 16th and 18th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019),
2019
UIC School of Law
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rethinking The Efficiency Of The Common Law,
2019
University of Florida
Rethinking The Efficiency Of The Common Law, D. Daniel Sokol
Notre Dame Law Review
This Article shows how Posner and other scholars who claimed that common law was efficient misunderstood the structure of common law. If common law was more efficient, there would have been a noticeable push across most, if not all, doctrines to greater efficiency. This has not been the case. Rather, common law, better recast as a “platform,” could, under a certain set of parameters, lead to efficient outcomes. Next, the Article’s analysis suggests that while not every judge thinks about efficiency in decisionmaking, there must be some architectural or governance feature pushing in the direction of efficiency—which exists in some …
Reorganizations, Sales, And The Changing Face Of Restructuring In Canada: Quantitative Outcomes Of 2012 And 2013 Ccaa Proceedings,
2019
University of Western Ontario, Faculty of Law
Reorganizations, Sales, And The Changing Face Of Restructuring In Canada: Quantitative Outcomes Of 2012 And 2013 Ccaa Proceedings, Alfonso Nocilla
Dalhousie Law Journal
This article examines quantitative data on the outcomes of proceedings under the Companies’ Creditors Arrangement Act (CCAA), Canada’s principal statute for resolving large, complex corporate insolvencies. In particular, this article compares the durations, direct costs, and returns to different classes of creditors generated by traditional reorganizations under the CCAA and by “liquidating CCAAs”—that is, proceedings in which the insolvent debtor sells substantially all of its assets rather than reorganizing itself. The article makes a number of contributions to the existing scholarship. Firstly, quantitative data on CCAA proceedings are rare. The data examined here, collected by the author from proceedings initiated …
I Pity The Fool: Ori Herstein's Defense Of The Klutz,
2019
Benjamin N. Cardozo School of Law
I Pity The Fool: Ori Herstein's Defense Of The Klutz, Anthony J. Sebok
Articles
No abstract provided.
