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- 21McInnes, Mitchell
- 18Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
In 2006, a new Human Rights Council came into existence, replacing the former Commission on Human Rights with a restructured intergovernmental body for the global promotion of human rights and fundamental freedoms. Heralded as a turning point for human rights within the UN system, it was hoped...
The article focuses on the Canadian law of unjust enrichment. The Canadian law of unjust enrichment is plagued by two related problems: (a) juristic reasons, and (b) discretionary justice. The first problem stems from the fact that different legal systems employ different strategies for...
\"Can you hear me now . . . Good!\": Feminism(s), the public/private divide, and Citizens United v. FECDownload
O'Byrne, Shannon, Cohen, Ronnie
Introduction: An important goal identified by early feminists was to challenge and even eliminate the distinction between the public and private spheres. Though by no means uniformly, these feminists rejected the liberal notion-broadly stated-that the public sphere (including governmental power)...
The use of conciliation or mediation for the resolution of international commercial disputesDownload
The article focuses on international commercial disputes, which are typically between private partners. It then emphasizes the conciliation or mediation as a method for the resolution of such disputes. It explores more international rules and model laws for the use of conciliation as an...
This article investigates the distinct character of Randian constitutionalism and how it may have been inspired by American discourse on constitutional values. More specifically, the author examines how Justice Rand's brand of constitutionalism is distinguishable from the more dominant strain of...
This article returns to a colonial discourse on crime, criminals, and punishment that the court of justice enunciated and followed during an 8-year British occupation of the Cape of Good Hope in the latter part of 1795. Tapping unusually frank juridical discussions on criminality and punishment...
Private interests, public borders, and the NAFTA's Chapter 11: Lessons from the mad-cow sagaDownload
Yahya, Moin, A., Clements, Ryan
This article provides a detailed overview of the mad-cow saga that took place from 2003 until 2005, and discusses its adverse impact on the economic markets of Canada and the United States in terms of trade synergies and amicable commercial relationships. The authors go on to discuss the remedies...
This article reveals how audiences, especially in anglophone Canada, initially received and interpreted Roncarelli v. Duplessis as a case, above all, about human rights. Ignoring the judgment's myriad complexities, commentators eagerly situated the case within the Supreme Court of Canada's...
Justifications and legal considerations for repatriation of First Nations material culture in CanadaDownload
Introduction: The topic of repatriation of cultural items creates some discomfort as it may generate polarized perspectives and bring into focus issues of intercultural understanding, ethics, law, politics, knowledge, power, values, and economics. Questions such as “Who owns culture? Whose...
Introduction: It has never been in the best traditions of the criminal bar to quit a client over money. Having gone on the record as counsel for an accused, the lawyer is, as a matter of professional dignity, expected to have sorted out financial matters with the client in advance, and it is seen...