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2008

Hutchison, Cameron, Yahya, Moin

Introduction: The recent Court of Appeals, Federal Circuit (CAFC) decision in NTP, Inc. v. Research in Motion, Ltd., (hereinafter the BlackBerry decision)1 ushered in a new era of jurisdictional uncertainty concerning transnation patent disputes. The court's standard of "control and beneficial...

2008

Bell, Catherine

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...

2007

Stribopoulos, James, Yahya, Moin A.

A recent study by Cass Sunstein identified ideological differences in the votes cast by judges on the United States Courts of Appeals in certain types of cases. He found that these patterns varied depending on the ideology of an appellate judge's co-panelists. In this study, we undertake a...

2007

Harrington, Joanna

According to Canadian Supreme Court Justice Claire L'Heureux-Dube, the global judicial community is engaged in a process of dialogue, especially in cases involving the determination of constitutionally protected human rights. However, as this author notes, if there is a process of dialogue taking...

2007

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...

2007

Reif, Linda C.

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...

2007

O'Byrne, Shannon

This article assists common law practitioners to predict when good faith obligations are owed in the context of contractual performance by organizing recent case law. The article concludes by advocating for express recognition of a common law rule that would mandate good faith as the governing,...

2007

Lerner, Craig S., Yahya, Moin A.

Introduction: According to a recent issue of Business Week, many hotshots of American industry are fleeing publicly traded corporations for \"the money, freedom and glamour of private equity.\"' Among the reasons cited for their departure is the Sarbanes-Oxley Act of 2002, which not only...

2007

Valsan, Remus D., Yahya, Moin A.

Introduction: When a firm is on the verge of bankruptcy and the cash is almost gone, Wthe directors of the firm may be tempted to gamble the remaining cash on a very risky venture in hopes of striking it rich. After all, like the characters played by Demi Moore and Woody Harrelson in Indecent...

2007

McInnes, Mitchell

The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...