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McGill Law Journal articles from June 2008
A bilingual academic legal journal covering both the common and civil law and published by the students.
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McGill Law Journal archives from June 2008
Evidence law and the jury: a reassessment.
June 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...
Interlocutory injunctions: revisiting the three-pronged test.
June 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...
Healing fair dealing? A comparative copyright analysis of Canada's fair dealing to U.K. fair dealing and U.S. fair use.
June 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...
The Persons Case: The Origins and Legacy of the Fight for Legal Personhood.(Book review)
June 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...