Friday, 31 January 2014

Presidential and Prime Ministerial Administration

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President Obama's apparent determination to wield executive power to achieve his ends has provoked much discussion this week . The t...

How to Avoid "Tortifying" Regulatory Law: A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12

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The Supreme Court of Canada this morning waded into the mire of the "economic torts", a grab bag of common law causes of action th...
Thursday, 30 January 2014

The UK Supreme Court Takes a Dim View of Procedural Review

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The UK Supreme Court released a very important decision last week: R. (HS2 Action Alliance) v. Secretary of State for Transport , [2014] UKS...
Friday, 24 January 2014

Net Neutrality, Law and Policy: a Modest Comment on Verizon v. FCC

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I am somewhat late to last week's D.C. Court of Appeals decision in the Net Neutrality case : Verizon v. Federal Communications Commissi...
Thursday, 23 January 2014

Reflections on State Liability: Judge Posner on Judicial Verbosity

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One of the issues that has bedevilled common law courts is the law of state liability: when does official misconduct give rise to a right of...
Tuesday, 21 January 2014

The Weak Procedural Rights of the Disappeared

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The applicant in Canada (Citizenship and Immigration) v. Mudalige Don , 2014 FCA 4 jumped ship in Oshawa. Twelve days elapsed be...
Sunday, 19 January 2014

Becoming a Member of a Regulated Profession: the Barreau du Québec and the "Nadon Reference"

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This week the Supreme Court of Canada heard the " Nadon Reference ". The case involves, at least, whether judges from the federal ...