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McGill Law Journal articles

171 total articles

A bilingual academic legal journal covering both the common and civil law and published by the students.

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Recently added articles from McGill Law Journal:

The constitution's peoples: approaching community in the context of section 35 of the Constitution Act, 1982.

Mar 22, 2009; ... Modern negotiations between the Crown (or private parties) and Canada's Aboriginal peoples are largely based on the legal principles articulated in major court decisions. Yet those decisions have not yet confronted a fundamental question: how, in the first instance, do we determine which ...

Between exclusion and assimilation: experimentalizing multiculturalism.(Canada)

Mar 22, 2009; ... With increasing frequency, members of cultural minorities are demanding not only equality and nondiscrimination as individuals, but also the legal recognition of their collective identities. Their claims to cultural protection and accommodation are necessarily philosophical, political, ...

Propositions de reforme pour une protection des titulaires de cartes de debit victimes de transferts de fonds non autorises.

Mar 22, 2009; ... Since the 1960s, new technologies have favoured the emergence of methods of electronic payment. Except in the case of credit cards, the relationship between payment issuers and consumers is not statutorily regulated in Canada and Quebec; it is only subject to the common law and to the ...

La constitutionnalite de l'interdiction de publicite directe des medicaments d'ordonnance.

Mar 22, 2009; ... The prohibition on direct-to-consumer advertisement of prescription drugs (DTCA) in Canada implicates a confrontation between the individual's right to information and corporate freedom of expression, on the one hand, and the protection of public health, on the other. Reacting to an appeal ...

The freedom of association mess: how we got into it and how we can get out of it.

Mar 22, 2009; ... Canadian constitutional law regarding freedom of association for workers is a mess. The jurisprudence to date has taken an approach to state action and positive obligations to legislate which is inconsistent with section 15, and has failed to articulate the relationship between the ...