McGill Law Journal articles from January 2004

McGill Law Journal archives from January 2004

Constitutional courage.
January 1, 2004... In this lecture, Professor Arthurs argues that we are currently in need of "constitutional courage"--the courage to say "no" to ambitious projects of constitutional reform and constitutional litigation as a way to solve our pressing social and...

Abus de droit, querulence et parties non representees.
January 1, 2004... The phenomenon of querulousness, distinct but connected to the problem of unrepresented parties, requires a response from the courts, in Quebec and elsewhere. If the occurrence of querulousness is increasingly better documented, its...

Private regulation and public policy: toward effective restriction of Internet hate propaganda.
January 1, 2004... Internet hate propaganda revives debate regarding competing visions of freedom of expression and democracy--pitting the unregulated marketplace of ideas vaunted in US First Amendment jurisprudence on racist speech against approaches such as...

Taking deterrence seriously: excluding unconstitutionally obtained evidence under section 24(2) of the charter.
January 1, 2004... Section 24(2) of the Canadian Charter of Rights and Freedoms grunts courts the authority to exclude evidence obtained in a manner that infringes or denies any Charter rights or freedoms, provided the admission of such evidence would bring the...

Financing environmental change: a new role for Canadian environmental law.
January 1, 2004... Financial institutions occupy a central role in equity and debt markets, providing the finance that shapes economic development and thus environmental pressures. Environmental regulation has traditionally focused on development itself but not...

The End of Human Rights.(Book review)
January 1, 2004... The language of human rights has captured our imaginations. But despite its predominance, the presuppositions, and limits of the language of human rights have been subject to little scrutiny. In The End of Human Rights, Costas Douzinas aires to...

From Promise to Contract: Towards a Liberal Theory of Contract.(Book review)
January 1, 2004... Dori Kimel, From Promise to Contract: Towards a Liberal Theory of Contract (Oxford: Hart, 2003). Pp. viii, 149. Contract theory has long been a fractured field of study. For decades, there has been a schism between contract law's orthodox...

The Law of Partnerships and Corporations.(Book review)
January 1, 2004... J. Anthony VanDuzer, The Law of Partnerships and Corporations, 2d ed. (Toronto: Irwin Law, 2003). Pp. xvii, 512. It is high praise when a book aimed at law students is endorsed by judges. Such praise accompanied the first edition of this...