Journal Articles (Law)

1992

O, Byrne, Shannon

In this paper, the author discusses the use of storytelling by certain members of the Critical Legal Studies Movement (CLS). She describes the stories told by three CLS scholars and offers the thesis that the methodology and attitudinal perspective present in their narrative voices promote a...

2005

Billingsley, Barbara

This article surveys the provisions in Alberta's new legislation limiting recovery for motor vehicle accident victims suffering from minor injury. The author argues that the legislation effectively limits access to the justice system for a class of persons (those suffering minor injury) and this...

2014-01-01

Acorn, Annalise, Clackson, Katherine

Introduction: Yale Law Professor Amy Chua's memoire Battle Hmn of the TigerMotherl created a media sensation. 2 The book struck a powerful chord as hundreds clamoured to register either horror or approval of Chua's confessing to and advocating for a model of mothering that mixes in equal measure...

1995

Bell, Catherine

Introduction: For many aboriginal peoples in Canada the concept of aboriginal rights includes a right to exercise control over cultural property.' To date, the assertion of this right has, in most cases, been limited to extra-judicial negotiation. For example, modern land claims agreements such...

2003

Billingsley, Barbara

Introduction: Since the inception of the Canadian Charter of Rights and Freedoms, legal and political scholars in Canada have grappled with the theory that judicial review under the Charter is part of a dialogue between the courts and the legislatures. According to the dialogue theory, once a...

2014

Skorodenski, Laura K., Lai, Jessica C., Bell, Catherine

Issues around defining respectful relationships, and within those relationships, reconciling laws and values concerning use and control of intangible Indigenous heritage, arise in numerous museum contexts including : repatriation of material culture and associated information ; co-management of...

2004

McInnes, Mitchell

This article considers the effect of the recent decision of the Supreme Court of Canada in Garland v. Consumers' Gas. The author suggests that lacobucci J. 's judgment replaces the traditional common law approach, which relies on the presence of unjust factors, with a unique version of the...

1997-01-01

Bell, Catherine

In this article, the author explores the need for a theory of Aboriginal rights broad enough to include all of the Aboriginal peoples of Canada. She examines recent developments in judicial recognition of the constitutional rights of the Metis people since their inclusion in s. 35(l) of the...

1996

McInnes, Mitchell

Introduction: Beginning with its momentous decision in Pavey & Matthews Pty Ltd v Paul,' the High Court has accepted that the concept of unjust enrichment underlies the law of restitution. That concept commonly is said to be comprised of four elements: (i) an enrichment to the defendant, (ii)...

1993

Brown, Murray T., Wood, Roderick J., Bauman, Richard W.

This study examines the extent to which publicly traded Alberta corporations have included provisions in their corporate constitutions that modify or vary a corporate governance rule that would otherwise apply. Part I discusses the notion of contractual freedom in corporate law and identifies the...