352,685 results
Showing 141–160 · 1.56 seconds · RSS
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Inter Partes Litigation and Ex Parte Appeals Before the Trademark Trial and Appeal Board: A Primer
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At the Pinnacle of Precedent: The Need for Consistency in Constitutional Law
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Sauce for the Gander: The False Symmetry of Myths and Stereotypes Against the Accused in Sexual Assault Trials
As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female…
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Healthcare Discrimination under the Canadian Charter of Rights and Freedoms
This paper explores the role that the Canadian Charter of Rights & Freedoms could and should play in addressing and redressing discrimination in the context of healthcare in Canada. Drawing on landmark as well as recent jurisprudence, we analyze how sections 7 and 15 of the Charter apply to three…
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Transnational Corporate Liability Through the Lens of Interlegality
Pressure is mounting on courts in Canada, as in other jurisdictions, to address harms generated within global supply chains. These entities have no formal legal personality, so attempts to trace lines of responsibility and liability within them require the development of innovative argumentative…
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Are Judges Influenced by Dollar Amounts? Evidence from Tax Law
We investigate whether idiosyncratic features of numbers in dollar amounts unconsciously bias judges. If so, appellants’ likelihood of success could depend on the dollar amount under dispute. Specifically, we examine the following: whether the first digit in a dollar amount follows the frequency…
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Making the Punishment Fit: Individualization and Parity as Principles of Proportionality
Proportionality is the fundamental principle of sentencing in Canada: a sentence must be proportionate to the gravity of the offence and the blameworthiness of the offender. In order for a sentence to be proportionate, the Supreme Court has stated that it must be individualized to the particular…
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Conditions of Vulnerability: Interpreting Social Condition Discrimination
At a time of deepening structural inequality, it is important to develop human rights categories that respond to the needs of diverse social groups living in conditions of vulnerability. One source of protection, aimed at countering the exclusion and maltreatment of people who are socially or…
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What to Do About the Decay of the Conventions of the Canadian Constitution
Constitutional conventions are central to the operation of the Canadian constitution. Yet because they are not legislated rules, their coming into being and disappearance can be subject to considerable uncertainty. Worse, it appears that conventions can disappear or be replaced inadvertently…
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The Criminalization of Black Friendship, Kinship and Belonging
This paper posits that the Canadian state's attempt to target organized crime through the Criminal Code's criminal organization provisions has led to the criminalization of everyday expressions of Black life, including the criminalization of Black friendship. The statutory architecture of the…
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In-House Lawyers and the Impact of Crisis-Driven Financial Legislation: Evidence from Sarbanes-Oxley
The Sarbanes-Oxley Act of 2002 (SOX) entrusted the general counsel (GC) of public companies with overseeing a new system of internal controls and reporting misconduct at their firms. I use a hand-collected dataset tracking the backgrounds of in-house lawyers to argue that SOX increased the value of…
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The Disaster Management Complex: Law’s Adaptations in Times of Climate Disaster
The Anthropocene is marked by constant climate-related disasters and defined by the urgent need to foster and implement adaptations to future climate impacts that reduce disaster risk. The intensity, frequency, and severity of extreme weather events continue to rise even as nations and corporations…
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Emergency Lending by the Federal Reserve
The Federal Reserve established an array of innovative emergency lending facilities during the Great Financial Crisis and expanded the scope of its emergency lending yet further in response to the Covid-19 pandemic. This Article provides a retrospective of how the Federal Reserve used its emergency…
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A Continuum of Responsibility: An Examination of the Human Right to a Healthy Environment of Present and Future Generations
Youth-led advocacy has been at the forefront of the protection of the right to a healthy environment in the face of a triple planetary crisis: loss of biodiversity, environmental degradation, and climate change. Globally, youth have called upon international bodies to provide guidance as to how…
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Liability for Disaster Risks
A growing body of law addresses liability for harms caused by disasters. The bases for liability are diverse: common law torts, statutes covering specific risks, and takings doctrine. Litigation can involve government or private defendants, while the disaster could be anything from an oil spill to…
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Crisis and the Constitution: The Role of Civil Liberties in Times of National Security Threat
In this Article, we contribute to the unfolding debate around civil liberties and civil rights in times of political, cultural, and health crises. As this Article was drafted, the National Guard was deployed in Los Angeles, California and Washington, D.C. by the President of the United States. In…
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Realizing the World Health Organization’s Constitutional Mission: Equitably and Everywhere
COVID-19 revealed deeply embedded inequalities in countries’ capacity to respond to public health disasters. From 2020 to 2024, the content and scope of international health law expanded to address these deep inequities, including a new pandemic agreement and significant changes to the…
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Emergencies, Alien and Domestic
Democracies survive some emergencies, even emerging stronger after some crises despite temporary suspensions of liberty. Democracies die when faced with other emergencies. This Article explores why. It addresses the claimed need to limit rights of electoral participation in response to the rise of…
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