Content Posted in 2022 | Schulich Law Scholars

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Content Posted in 2022

Access to Justice and the Evolution of Class Action Litigation in Australia, Camille Cameron and Bernard Murphy

Adding Social Condition to the Canadian Human Rights Act, A. Wayne MacKay and Natasha Kim

Adelina Iftene: Compassionate Release, Adelina Iftene

Adelina Iftene: Prison Law and the COVID-19 Pandemic, Adelina Iftene

A Future For a Forgotten Predator: Assessment of the Global and Regional Legal Frameworks For Protection and Recovery of the Caribbean Sawfishes Pristis Pristis and Pristis Pectinata and Recommendations For the Course Forward, Olga Koubrak

A Gender-Based Approach to Historical Child Support: Comment on Colucci v Colucci, Jodi Lazare and Kelsey Warr

Aging Prisoners in the Canadian Federal Correctional System, Adelina Iftene

'A Literary Man & A Merchant': The Legal Career of Sir William Young, William H. Laurence

Amended Solitary Confinement Bill Must Pass the House, Adelina Iftene

An Analysis of the Human Rights Approach to Climate Change: The Right to a Healthy Environment, Intergenerational Equity and Climate Litigation, Unwana Emmanuel Udo

Andrew Martin: Regulation of Federal Government Lawyers, Andrew Flavelle Martin

Angela Lee: The Stakes in Steak, Angela Lee

Annual Review of Criminal Law 2021, Adelina Iftene, Robert Currie, and Stephen Coughlan

Archibald Kaiser: Harm Prevention, H Archibald Kaiser

A Reflection of Canadian Society? An Analysis of Federal Appointments to Provincial Superior Courts by the Liberal Government of Justin Trudeau, Erin Crandall

Artificial Intelligence in Canadian Healthcare: Will the Law Protect Us from Algorithmic Bias Resulting in Discrimination?, Bradley Henderson, Colleen M. Flood, and Teresa Scassa

Beyond Blood: Rethinking Aboriginal Identity and Belonging, Pamela Palmater

Biosimilars: The Quest for a Rational Regulatory and Intellectual Property Approach in Canada, Elizabeth S. Dipchand

Book Review: Mike Zajko, Telecom Tension: Internet Service Providers and Public Policy in Canada*, Matt Malone

Bringing Section 8 Home: An Argument for Recognizing a Reasonable Expectation of Privacy in Metadata Collected from Smart Home Devices, Ana Qarri

Business and Human Rights in the Context of Sanctions: A Road to Filling the Governance Gap, Bahareh Jafarian

Business, Human Rights, & the Triple Planetary Crisis: Confronting Overconsumption, Sara Seck

Canada, Robert Currie and Adelina Iftene

Canadian Legal Professionals' Information Activities: What Do They Do, and How Do They Tweet, Hannah Steeves

Catherine Watson: Lawen Estate & the NS Testators' Family Maintenance Act, Catherine Watson

Checking our Attachment to the Charter and Respecting Indigenous Legal Orders: A Framework for Charter Application to Indigenous Governments, Naiomi Metallic

Citizenship and the First-Generation Limitation in Canada, Michael Pal and Luka Ryder-Bunting

Climate Change in Canadian Environmental Assessment Legislation: Review and Recommendations for Further Consideration of Greenhouse Gas Emissions, Émilie Godbout-Beaulieu

Colton Fehr: Re-thinking Oaths and Affirmations, Colton Fehr

Comparative Tax Law Guide, Kim Brooks

Connecting Care and Challenge: Tapping Our Human Potential - Inclusive Education: A Review of Programming and Services in New Brunswick, A. Wayne MacKay

Constance MacIntosh: Immigration Disability Discrimination, Constance MacIntosh

Constitutional Law: 1899-1900 Second Year, Donald Frank Matheson

Contracts: Dalhousie Law School, D Frank Matheson, First Year, Donald Frank Matheson

Conveyancing: 1899-1900 Second Year, Donald Frank Matheson

Courts in Federal Countries: Federalists or Unitarists?, Hannah Steeves

CoVID-19 in Canadian Prisons: Policy, Practice and Concerns, Adelina Iftene

Creating a System for All Parents: Rethinking Procedural and Evidentiary Rules in Proceedings with Self-Represented Litigants, Cassandra Richards

Creative and Responsive Advocacy for Reconciliation: The Application of Gladue Principles in Administrative Law, Andrew Martin

Daphne Gilbert: Can Institutions Claim 2(a) Protection in Refusing to Provide MAiD?, Daphne Gilbert

Deanne Sowter: The Future of Harm Exception and Coercive Control, Deanne Sowter

Debating Rights Inflation in Canada: A Sociology of Human Rights, Hannah Steeves

Defining Civil Disputes: Lessons from Two Jurisdictions, Camille Cameron and Elizabeth Thornburg

Depriving Law Reform of Its Potential? New Perspectives on the Public-Private Divide Law Commission of Canada, Ed. (Vancouver: University of British Columbia Press, 2003), Richard Devlin FRSC

Designing a Robust Tax System for Nigeria: Lessons from an International Perspective, Olukemi Tawoju

Developing an Ecological Social Justice Framework for Ocean Energy Technologies: Case Studies From the Phillipines, Jay Batongbacal

Developments in Constitutional Law: The 1988-89 Term, A. Wayne MacKay and Dianne Pothier

Dignity, Intersectional Gendered Harm, and a Flexible Approach: Analysis of the Right to One’s Image in Quebec, Yuan Stevens

Disabusing the Tax Aid Narrative: What Inter-national Tax Equity Really Means for "Poor" Countries and How to (Re)Frame It, Okanga Ogbu Okanga

DLJ Masthead (1973) 1:1, Dalhousie Law Journal

DLJ Masthead (1973) 1:2, Dalhousie Law Journal

DLJ Masthead (1974) 1:3, Dalhousie Law Journal

DLJ Masthead (1975) 2:1, Dalhousie Law Journal

DLJ Masthead (1975) 2:2, Dalhousie Law Journal

DLJ Masthead (1976) 2:3, Dalhousie Law Journal

DLJ Masthead (1976) 3:1, Dalhousie Law Journal

DLJ Masthead (1976) 3:2, Dalhousie Law Journal

DLJ Masthead (1977) 3:3, Dalhousie Law Journal

DLJ Masthead (1977) 4:1, Dalhousie Law Journal

DLJ Masthead (1978) 4:2, Dalhousie Law Journal

DLJ Masthead (1978) 4:3, Dalhousie Law Journal

Does the Attorney General Have a Duty to Defend Her Legislature’s Statutes? A Comment on the Reference Re Genetic Non-Discrimination Act, Andrew Martin

Doing Better for Indigenous Children and Families: Jordan’s Principle Accountability Mechanisms Report, Naiomi Metallic, Hadley Friedland, and Shelby Thomas

‘‘Don’t Take on the Responsibilty of Somebody Else’s Fu**ed Up Behavior”: Responding to Online Abuse in the Context of Barriers to Support, Chandell Gosse

Equity: 1899-1900 Second Year, Donald Frank Matheson

Equity 1900-1901 3rd Year, Donald Frank Matheson

Examination of Witnesses in Criminal Cases, Hannah Steeves

Extending Paramountcy to Indigenous Child Welfare Laws Does Not Offend our Constitutional Architecture or Jordan’s Principle, Naiomi Metallic

Fiscal Decolonization-Indigenous Fiscal Autonomy and Tax Jurisdiction, Riad Kherallah

Florence Ashley: Genderfucking Non-Disclosure, Florence Ashley

Freedom of Expression: Is It All Just Talk?, A. Wayne MacKay

From Attorney General to Backbencher or Opposition Legislator: The Lawyer’s Continuing Duty of Confidentiality to the Former Client, Andrew Martin

From Hot Air to Action? Climate Change, Compliance, and the Future of International Environmental Law, Meinhard Doelle

Game of Tones: A Twail-Analysis of the Evolution and Impacts of the United Nations Framework Convention on Climate Change Technology Transfer Regime in Africa, Adebayo Majekolagbe

Global Animal Law and International Trade Law After EC-Seal Products: An Interactional Analysis, Katie Sykes

Governance of Health Research Involving Humans in Developing Countries: The Nigerian Example, Cheluchi Onyemelukwe

Governments Have Failed to Protect the Incarcerated During Pandemic, Adelina Iftene

Guthrie's Guide to Better Legal Writing, 2nd ed, Hannah Steeves

Haley Hrymak: The Opioid Crisis as Health Crisis, Not Criminal Crisis, Haley Hrymak

Hard Time Gets Unduly Hard For Aging Prisoners, Adelina Iftene

Hilary Young: The Scope of Canadian Defamation Injunctions, Hilary Young

Hryniak: Two Years Later: The Multiple Applications of ‘That Summary Judgment Case’ From the Supreme Court of Canada, Jessica Fullerton and Suzie Dunn

“I Bet You Don’t Get What We Get”: An Intersectional Analysis of Technology-Facilitated Violence Experienced by Racialized Women Anti- Violence Online Activists in Canada, Nasreen Rajani

Identity Manipulation: Responding to Advances in Artificial Intelligence and Robotics, Suzie Dunn

If I Had More Time, Would I Have Written a Shorter and Faster Decision? An Empirical Examination of the Evolution of Trial Court Decisions, Jon Khan

Impact Assessment and Responsible Business Conduct Tools in the Extractive Sector: An Environmental Human Rights Toolbox for Government, Business, Civil Society, and Indigenous Groups, Sara L. Seck, Charlotte Connolly, Penelope Simons, and Audrey Axten

Improving the Criminal Justice System in Nigeria Through Restorative Justice: Lessons From Canada and New Zealand, Olaniran Akintunde

Incarceration in Canada: Risks to and Opportunities for Public Health, Adelina Iftene

Intellectual Property, Traditional Knowledge, and Biodiversity in the Global Economy: The Potential of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne

International Fisheries Management: A Comparative Analysis of Legal Approaches to Management in the Context of Polar Fisheries Regimes, Stuart Bruce Kaye

International Law 1900-1901, 3rd Year, Donald Frank Matheson

In the Path of Our Ancestors: The Aboriginal Right to Cross the Canada-United States Border, Pamela Palmater

In the Shadow of International Law: Secrecy and Regime Change in the Postwar World, Hannah Steeves

Intimate Images and Authors’ Rights: Non- Consensual Disclosure and the Copyright Disconnect, Meghan Sali

Into the "Vortex of Legal Precision": Access to Justice, Complexity, and the Canadian Tax System, Colin Jackson

Is it Actually Violence? Framing Technology-Facilitated Abuse as Violence, Suzie Dunn

Issue Brief: Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: An Environmental Human Rights Toolbox for Government, Business, Civil Society & Indigenous Groups, Sara L. Seck, Penelope Simmons, and Charlotte Connolly

Jason MacLean: Manufacturing Consent to Climate Inaction, Jason MacLean

Jena McGill & Amy Salyzyn: Judicial Analytics, Jena McGill and Amy Salyzyn

Jennifer Leitch: Government Lawyers and Legal Ethics, Jennifer Leitch

Jodi Lazare: Are Ag-gag Laws Unconstitutional?, Jodi Lazare

Judgments v Reasons in Federal Court Refugee Claim Judicial Reviews: A Bad Precedent, Sean Rehaag and Pierre-André Thériault

Judicialization of Election Disputes in Africa's International Coruts, James Thuo Gathii and Olabisi D. Akinkugbe

Just Care: A Relational Approach to Autonomy and Decision Making of Parents Committed to Religious or Indigenous Traditional Practices, Tu-Quynh Trinh

Language's Empire: A Counter-Telling of Administrative Law in Canada, Nicholas Hooper

Law as an Ally or Enemy in the War on Cyberbullying: Exploring the Contested Terrain of Privacy and Other Legal Concepts in the Age of Technology and Social Media, A. Wayne Wayne MacKay

Law Society Regulation and the Lawyer-Academic, Andrew Flavelle Martin

Legal Ethics for Government Lawyers: Confronting Doctrinal Gaps, Andrew Martin

Legislating Emotion, Reading Grief: Bereavement Leave for Miscarriage and Stillbirth in New Zealand Law, Gillian Calder

Lest Law Forget: Locke's Toleration and Religious Freedom, Stephen Holt

Lighting a Spark, Playing with Fire: Feminism, Emotions, and the Legal Imagination of Campus Sexual Violence, Daniel Del Gobbo

Lobat Sadrehashemi: CBSA Oversight, Lobat Sadrehashemi Justice

Mapping Human Rights-based Climate Litigation in Canada, Lisa Benjamin and Sara L. Seck

Maria Dugas: Impact of Race and Culture Assessments, Maria Dugas

Mark Mancini: The Conceptual Gap Between Doré and Vavilov, Mark Mancini

Masthead & Table of Contents

Masthead & Table of Contents

Merging Public Law Silos and Canada's Evolving Constitutional Law Landscape, A Wayne MacKay

Metaphysics & Morals in Canadian Criminal Justice: A Pragmatic Analysis of The Conflict Between Neuroscience and Retributive Folk Psychology, Sarah Greenwood

Mexico's Implementation of the Biodiversity Convention and the Catagena Protocol in the GMO Era: Challenges in Principles, Policies, and Practices, Juan Antonio Herrera

Modular Legal Learning: Revitalizing the Law Classroom, David Sandomierski and Stephanie Ben-Ishai

More than 'Revenge Porn' Civil Remedies for the Nonconsensual Distribution of Intimate Images, Suzie Dunn and Alessia Petricone-Westwood

Moving Towards Sustainable Coastal Development in South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through the Instrumentality of Law, Tony George Puthucherril

Mr. Big and the New Common Law Confessions Rule: Five Years in Review, Adelina Iftene and Vanessa Kinnear

Mr. Big and the New Common Law Confessions Rule: Five Years in Review, Adelina Iftene and Vanessa Kinnear

Mr.Big: The Undercover Breach of the Right against Self-Incrimination, Adelina Iftene

Naiomi Metallic: Quebec, Bill C-92 and Indigenous Youth and Families, Naiomi Metallic

Naiomi Metallic: Searching for Superchief (R v Bernard), Naiomi Metallic

Nick Hooper: Problematising the But-For, Nicholas Hooper

Nova Scotia Restorative Inquiry Offers New Vision of Justice, Jennifer Llewellyn

Onlife Harms: Uber and Sexual Violence, Amanda Turnbull

On the Internet, Nobody Knows You are a Dog: Contested Authorship of Digital Evidence in Cases of Gender-based Violence, Suzie Dunn and Moira Aikenhead

On the Operation of the Quieting of Titles Act in Newfoundland and Labrador, Gregory French

On the "Poverty of Responsibility": A Study of the History of Child Protection Law and Jurisprudence in Nova Scotia, Ilana Luther

Organized Crime Outlaws: An Evaluation of Criminal Organization Legislation in Canada, Carol Fleischhaker

Patents and Plants: Rethinking the Role of International law in Relation to the Appropriation of Traditional Knowledge of the Uses of Plants (TKUP), Ikechi Mgbeoji

Patient Safety Law: Regulatory Change in Britain and Canada, Fiona McDonald

Private Search and Seizure: The Constitutionality of Anton Piller Orders in Canada, Dimitros Valkanas

Proposing a Constructivist Approach to Resolving Trade Conflicts Under the African Continental Free Trade Area Agreement (AfCFTA): A Cross-Jurisdictional Analysis, Oluwayesi Sanni

Protecting Women's Rights? Prospects Under the UN Human Rights Treaty System: A Case Study on India 2005-2017, Deepali

Providing Access to Generic Antiretroviral Drugs to People Living With HIV/AIDS in Developing Countries: An Examination of Legal Obligations, Cheluchi Onyemelukwe

Public Access to Online Hearings, Jérémy Boulanger-Bonnelly

Punished for Aging: Vulnerability, Rights and Access to Justice in Canadian Penitentiaries, Adelina Iftene

Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries, Adelina Iftene

Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries, Adelina Iftene

Pushing the First Domino: Freeing the Whales in Canada, Luc Paul Bourgeois

Putting the Constitutional Horse Before the Cart: Federal Jurisdiction over Next Generation Environmental Assessment, Anna Johnston

Quinquagenaries, Anthony Duggan

Readability in the Canadian Tax System, Colin Jackson

Realizing the Full Potential of Restorative Justice, Jennifer Llewellyn

Real Property: Dalhousie Law School, First Year, Donald Frank Matheson

Reasonable Expectations of Privacy in an Era of Drones and Deepfakes: Expanding the Supreme Court of Canada’s Decision in R v Jarvis, Suzie Dunn and Kristen MJ Thomasen

Recent Crime Legislation: The Challenge for Prison Health Care, Adelina Iftene and Allan Manson

Recent Developments in Marine Insurance Law and Consequences for Iran, Mohammad Ali Majd

Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices, Camille Cameron and Riley Weyman

Redressing the Imbalances: Rethinking the Judicial Role After R. v. R.D.S., Richard Devlin FRSC and Dianne Pothier

Redressing the Past to Repair the Present: The Role of Property Law in Creating and Exacerbating Racial Disparities in Wealth and Poverty in Nova Scotia, Melissa Marsman

Reducing the Democratic Deficit: Representation, Diversity, and the Canadian Judiciary, or Towards a "Triple P" Judiciary, Richard Devlin FRSC, A. Wayne MacKay, and Natasha Kim

Reframing Technology-Facilitated Gender-Based Violence at the Intersections of Law & Society, Jane Bailey, Carys Craig, Suzie Dunn, and Sonia Lawrence

Regional Human Rights Regimes and Environmental Protection: A Comparison of European and American Human Rights Regimes’ Histories, Current Law, and Opportunities for Development, Don McCrimmon

Respectful and Responsible Relationships: There’s No App for That (The Report of the Nova Scotia Task Force on Bullying and Cyberbullying), A. Wayne MacKay

Responding to Deficiencies in the Architecture of Privacy: Co-Regulation as the Path Forward for Data Protection on Social Networking Sites, Laurent Cre ́peau

Responsible Business Conduct in The Extractive Industries: Prospect of Respecting Women's Human Rights in Ghana, Veronica Dossah

Responsible Investing: Access Denied, Keith MacMaster

Sara Ross: Intangible Cultural Heritage and Cities, Sara Gwendolyn Ross

Sara Seck: Corporate Climate Responsibility, Sara L. Seck

Sentencing Persons Convicted of Minor Offences in Ghana: Reducing Judicial Over-Reliance on Imprisonment, Nenyo Kwasitsu

Sex and the Supremes: Towards a Legal Theory of Sexuality, Elaine Craig

Shipping and Climate Change: International Law and Policy Considerations, Aldo Chircop, Meinhard Doelle, and Ryan Gauvin

Sinking Mink: An Argument for Ending the Mink Industry in Nova Scotia, Sarah Frame

Smart Devices in Criminal Investigations: How Section 8 of the Canadian Charter of Rights and Freedoms Can Better Protect Privacy in the Search of Technology and Seizure of Information, Lee-Ann Conrod

Social and Economic Rights in Canada: What are They and Who Can Best Protect Them?, A. Wayne MacKay

Social and Economic Rights in Canada: What Are They and Who Can Best Protect Them?, A Wayne MacKay

Solitary Confinement Continues in Canada Under a Different Name, Adelina Iftene

Solitary Confinement Continues in Canada Under a Different Name, Adelina Iftene

Student Freedom of Expression: Violent Content and the Safe School Balance, A. Wayne MacKay and Janet Burt-Gerrans

Submission to the Province of Nova Scotia on Its Review of the Intimate Images and Cyber-Protection Act - LEAF, Suzie Dunn and Rosel Kim

Submission to the Toronto Police Services Board’s Use of New Artificial Intelligence Technologies Policy- LEAF and the Citizen Lab, Suzie Dunn, Kristen MJ Thomasen, Kate Robertson, Pam Hrick, Cynthia Khoo, Rosel Kim, Ngozi Okidegbe, and Christopher Parsons

Support and Protect: Review of the Nova Scotia Responses to the Pandemic, Mass Shooting and Police Brutality, Adelina Iftene, Allison Hearns, and Brock Morrison

Suzie Dunn: Gender-based Violence Online, Suzie Dunn

Tax Incentives for Attracting Foreign Direct Investment in Sub-Saharan Africa: A Comparative Study of Ghana and Kenya, Patrick Ofori

Teachers and the Law: Diverse Roles and New Challenges, A Wayne MacKay and Lyle Sutherland

Technology-Facilitated Gender-Based Violence: An Overview, Suzie Dunn

Teitiota v New Zealand, Climate Migration and Non-refoulement: A Case Study of Canada’s Obligations under the Charter and the ICCPR, Mari Galloway

The Canadian Anti-Doping Program and the Charter of Rights and Freedoms, Kate Scallion

The Case for a New Compassionate Release Statutory Provision, Adelina Iftene

The Cat Came Back: The Continued Applicability of Common Law Tort Doctrines in Canadian Maritime Law, William Hastings Laurence

The Duty of Legislative Counsel as Guardians of the Statute Book: Sui Generis or a Professional Duty of Lawyers?, Andrew Flavelle Martin

The Flaws of Magic Bullet Theory: Retraining Unconscionability to Discretely Target Different Contexts of Unfairness in Contracts, Marcus Moore Dr.

The Global Fight against Base Erosion and Profit Shifting under the OECD’s Country-by-Country Reporting Rules: A Possible Solution?, Oladiwura Ayeyemi Eyitayo-Oyesode

The International Maritime Law Response to Climate Change: The Quest for the Shipping Industry's 'Fair Share' of GHG Emissions Reduction, Aldo Chircop

The Last Straw: The Impact of Cost Containment in Health Care on Medical Malpractice Law, Timothy A. Caulfield

The Law and Politics of "Might": An Internal Critique of Hutch's Hopeful Hunch, Richard Devlin FRSC

The Legal Regulation of Sadomasochism and the So-Called “Rough Sex Defence”, Elaine Craig

The Need for a Specialized and Multi-Agency Prosecution Process for Sexual Assault Offences in Nova Scotia, Catherine Cogswell

The Non-Lawyer Attorney General- Problems and Solutions, Andrew Flavelle Martin

The Premier Should Not Also Be the Attorney General: Roncarelli v Duplessis Revisited as a Cautionary Tale in Legal Ethics and Professionalism, Andrew Flavelle Martin

The Province of (Substantive) Legitimate Expectation in Nigeria's Tax Administration: A Law and Policy Evaluation, Okanga Ogbu Okanga

The Regime of International Watercourses and Transboundary Management of the Ganges River Basin, Nahid Islam

The Scope of Party Autonomy in International Commercial Contracts: A New Dawn?, Akinwumi Olawuyi Ogunranti

The Stubborn Persistence of the Lawyer Exemption in Canadian Collective Bargaining Legislation, David J. Doorey

The Supreme Court of Canada and Federalism: Does / Should Anyone Care Anymore?, A. Wayne MacKay

The Theoretical Case Against Criminalized Copyright Infringement in Canada, Maria Dugas

The Virtue of Process: Finding the Legitimacy of Judicial Fact-Finding in Personal Injury Litigation, Nayha Acharya

Towards an Effective Regime Against Online Copyright Infringement in India, Ashwin Ramakrishnan

Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives, Hai Dang Vu

Transnational Corporations and Climate Governance: A Case Study of Amazon.com’s Net-Zero Climate Pledge, Jason MacLean

Using Canadian Law to Prevent, Respond to and Remedy Maltreatment in Sport: Listening to and Learning from Athletes, Wendy MacGregor

Voices from Below—Africa’s Contribution to the Development of the Norm of Corporate Responsibility to Respect Human Rights, Akinwumi Olawuyi Ogunranti

We Must Decarcerate Across the Country, Then Fix the Prison System, Adelina Iftene

Who Is Worthy of Constitutional Protection? A Commentary on Ewert v Canada, Adelina Iftene

You’ve Got to Have (Good) Faith: Good Faith’s Trajectory in Anglo-Canadian Contract Law Post-Wastech and the Potential for a Duty to Renegotiate, Vanessa Di Feo