McGill Law Journal articles from March 2006

McGill Law Journal archives from March 2006

"Tell me where it hurts": workplace sexual harassment compensation and the regulation of hysterical victims.
March 22, 2006... Informed by a feminist analysis, the author examines a new development in the legal responses to workplace sexual harassment in Quebec. Sexual harassment bas been recognized as a psychological injury, compensable through the province's...

Exploring the limits of computer code as a protected form of expression: a suggested approach to encryption, computer viruses, and technological protection measures.
March 22, 2006... Is computer code speech? While this question has received much consideration in the United States, the issue has yet to come to the forefront in Canada. Considering the nature of software code and its expressive qualities, the authors argue...

Emotions and the veil of voluntarism: the loss of judgment in Canadian criminal defences.
March 22, 2006... In this piece, the author attacks the notion of "moral involuntariness" in the Supreme Court of Canada's judgment in R. v. Ruzic. He asserts that the voluntarist account of criminal liability is purely descriptive. Through the embrace of a...

Bambi meets Godzilla: children's and parents' rights in Canadian Foundation for Children, Youth and the Law v. Canada.
March 22, 2006... Unlike parental rights, with their ancient pedigree, children's rights have a relatively recent origin in law, derived largely from international obligations. Since the emergence of the rights of children as rights entitled to recognition in...

L'affaire Chaoulli et le systeme de sante du quebec : cherchez l'erreur, cherchez la raison.
March 22, 2006... La Cour supreme du Canada a introduit une nouvelle facon de traiter de la violation des droits de la personne dans sa decision controversee de l'affaire Chaoulli, ce qui en fait une decision pour le moins insolite. La Cour supreme avait...

A Judge's Journey.(Book review)
March 22, 2006... Shilling for Judges: Brian Dickson and His Biographers Robert J. Sharpe and Kent Roach, Brian Dickson: A Judge's Journey. Toronto: University of Toronto Press for The Osgoode Society for Canadian Legal History, 2003. Pp. xiv, 576. An...

The American Choice-of-Law Revolution in the Courts: Today and Tomorrow.(Book review)
March 22, 2006... Symeon C. Symeonides, The American Choice-of-Law Revolution in the Courts: Today and Tomorrow (2002) 298 Recueil des Cours. Pp. 448. Unlike the European Union, where a common market is seen as necessarily entailing the harmonization of...

Federalism, Subnational Constitutions, and Minority Rights.(Book review)
March 22, 2006... G. Alan Tarr, Robert F. Williams, and Josef Marko, eds., Federalism, Subnational Constitutions, and Minority Rights (Westport, Conn.: Praeger, 2004). Pp. viii, 247. A book devoted to an analysis of "how federalism and subnational...