Recently added articles from McGill Law Journal:
Rethinking the relationship between international and domestic law.
Jan 01, 2009; ... Despite considerable judicial consideration in recent years, the relationship between international law and domestic law in Canada remains uncertain. While Canadian courts frequently invoke the presumption of conformity to claim that domestic law must be read in light of international law, ...
Les systemes de gestion environnementale au Canada: enjeux et implications pour les politiques publiques de l'environnement.
Jan 01, 2009; ... ISO 14001 certification serves as a model among environmental management systems (EMSs) and is increasingly being promoted to businesses by government administrative bodies whose responsibilities lie in protecting the environment. The private standardization that ISO 14001 provides is thus ...
No right (to organize) without a remedy: evidence and consequences of the failure to provide compensatory remedies for unfair labour practices in British Columbia.
Jan 01, 2009; ... Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But ...
Kraft Canada c. Euro-Excellence: l'insoutenable legerete du droit.
Jan 01, 2009; ... A professor of law, the author provides an account of his experience in litigating a case over a five-year period, from trial to the Supreme Court of Canada. The case in question, Kraft Canada v. Euro-Excellence, will likely remain within the annals of intellectual property. Rare is the ...
Les mesures provisoires dans l'arbitrage commercial international: evolutions et innovations.(Book review)
Jan 01, 2009; ... Jean-Michel Jacquet et Emmanuel Jolivet, dir., Les mesures provisoires dans l'arbitrage commercial international: evolutions et innovations, Paris, LexisNexis, 2007. L'un des atouts majeurs de l'arbitrage commercial international est la possibilite pour les parties de controler ...
Droit d'auteur et co (regulation): la politique du droit d'auteur sur l'Internet. (Canada)
Sep 22, 2008; ... While there exists a substantial amount of scholarship on particular problems relating to the applicability of copyright to the internet, little of it has analyzed the regulatory models available to public authorities in relation to governance of the internet. In this article, the author ...
Anti-social contracts: the contractual governance of virtual worlds.
Sep 22, 2008; ... Virtual worlds have seized the imaginations of millions of people who now live, work, and play together in these new environments. But all is not well. These online communities are ruled nearly exclusively by contract law, through end-user licence agreements, terms of service, and codes of ...
Standing at the divide: the relationship between administrative law and the Charter post-Multani. (Canada)
Sep 22, 2008; ... The polarized opinions of the majority and minority in the Supreme Court of Canada's decision, Multani v. Commission scolaire Marguerite-Bourgeoys, set out competing philosophies of the relationship between administrative law and the law of the Canadian Charter of Rights and Freedoms. The ...
La doctrine a-t-elle un avenir au Quebec?(McGill Law Journal Annual Lecture Series)
Sep 22, 2008; ... La doctrine quebecoise se construit dans un contexte influence par l'effort de normalisation des rapports sociaux qu'est le Code civil du Quebec. Afin d'analyser ce role particulier de la doctrine, l'auteur cherche d'abord a etablir une definition de la doctrine, qui constituerait ...
Sexual Citizens: The Legal and Cultural Regulation of Sex and Belonging.(Book review)
Sep 22, 2008; ... Brenda Cossman, Sexual Citizens: The Legal and Cultural Regulation of Sex and Belonging. Stanford, Cal.: Stanford University Press, 2007. Pp. 244 [cloth $55 (U.S.]. In a time of burgeoning repression of undocumented immigrants in the United States, this review/essay argues that ...
Evidence law and the jury: a reassessment.
Jun 22, 2008; ... The common law of evidence is counterintuitive because it seeks to facilitate the search for truth by regulating fact-finders' access to and evaluation of evidence. Since truth seems most likely to emerge when adjudicators reason freely from all available information, this puzzling ...
Interlocutory injunctions: revisiting the three-pronged test.
Jun 22, 2008; ... The three-pronged test that courts in Canada and in other jurisdictions apply in considering applications for interlocutory injunctions is well established: the applicant must demonstrate that (1) there is a serious question to be tried, (2) he will suffer irreparable harm if denied the ...
Healing fair dealing? A comparative copyright analysis of Canada's fair dealing to U.K. fair dealing and U.S. fair use.
Jun 22, 2008; ... Given the owner-centred nature of current copyright regimes, many commentators are calling for greater consideration of user rights and, more particularly, the development of fair dealing, a legal doctrine that allows for certain uses of copyrighted material without permission of the ...
The Persons Case: The Origins and Legacy of the Fight for Legal Personhood.(Book review)
Jun 22, 2008; ... Robert J. Sharpe and Patricia I. McMahon, The Persons Case: The Origins and Legacy of the Fight for Legal Personhood (Toronto: University of Toronto Press, 2007). Pp. xi, 269. In their book, The Persons Case: The Origins and Legacy of the Fight for Legal Personhood, (1) Robert ...
Regulating impartiality: electoral-boundary politics in the administrative arena.
Mar 22, 2008; ... The author examines impartiality in cases of politically contentious decision making. Many jurisdictions delegate decisions over matters such as the establishment of fair election ground rules to independent bodies. Some of these bodies, including Canada's Federal Electoral Boundaries ...
Patrolling the borders of sexual orientation: bisexual refugee claims in Canada.
Mar 22, 2008; ... Canada's current definition of a refugee includes those facing persecution on account of sexual orientation. This article demonstrates that the success rates for sexual-minority refugee claims are similar to the success rates for traditional refugee claims. However, one subset of ...
Standing apart: separate concurrence and the modern Supreme Court of Canada, 1984-2006.
Mar 22, 2008; ... Separate concurrences, like dissents, are a common feature of many common law court decisions. At first glance though, it is difficult to understand their purpose, as they have no effect on the outcome of a case and leave in doubt legal questions that would otherwise be perceived as- ...
Deepening insolvency in Canada?
Mar 22, 2008; ... The Canadian legal landscape on corporate directors' liability has been quiet since the release of the Supreme Court of Canada's landmark decision in Peoples Department Stores Inc. (Trustee off v. Wise. In Peoples, the Court decided against imposing a duty on directors to consider the ...
Agriculture et culture: le defi de l'OMC de prendre en compte les considerations non commerciales.
Sep 22, 2007; ... Due to their particular nature, the integration in 1995 of agricultural and cultural products within multilateral trade regulations caused quite a stir. Since 2000, negotiations related to agriculture and services, including cultural services, have resumed at the World Trade Organization ....
Electoral jurisprudence in the Canadian and U.S. Supreme Courts: evolution and convergence.
Sep 22, 2007; ... An ongoing theme in the study of American and Canadian constitutional law is the difference in the two nations' constitutional traditions and the correspondingly divergent paths taken by the two Supreme Courts when interpreting democratic rights. The authors argue that a convergence in the ...