Dominion Law Reports

Dominion Law Reports PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 994

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Book Description

Dominion Law Reports

Dominion Law Reports PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 994

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Book Description


Governing from the Bench

Governing from the Bench PDF Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 077482350X
Category : History
Languages : en
Pages : 266

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Book Description
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

The Copyright Pentalogy

The Copyright Pentalogy PDF Author: Michael Geist
Publisher: University of Ottawa Press
ISBN: 0776620843
Category : Law
Languages : en
Pages : 476

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Book Description
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

“Race,” Rights and the Law in the Supreme Court of Canada

“Race,” Rights and the Law in the Supreme Court of Canada PDF Author: James W. St. G. Walker
Publisher: Wilfrid Laurier Univ. Press
ISBN:
Category : History
Languages : en
Pages : 474

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Book Description
Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR

SUPREME COURT LAW REVIEW

SUPREME COURT LAW REVIEW PDF Author:
Publisher:
ISBN: 9780433533627
Category :
Languages : en
Pages : 0

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Proceedings. [Continued as] Bulletin

Proceedings. [Continued as] Bulletin PDF Author: Salem Mass, Essex inst
Publisher:
ISBN:
Category :
Languages : en
Pages : 728

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Ethical Principles for Judges

Ethical Principles for Judges PDF Author: Canadian Judicial Council
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 56

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Book Description
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Courts Without Cases

Courts Without Cases PDF Author: Carissima Mathen
Publisher: Bloomsbury Publishing
ISBN: 1509922490
Category : Law
Languages : en
Pages : 277

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Book Description
Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.

Attitudinal Decision Making in the Supreme Court of Canada

Attitudinal Decision Making in the Supreme Court of Canada PDF Author: Cynthia L. Ostberg
Publisher: University of British Columbia Press
ISBN:
Category : Law
Languages : en
Pages : 296

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Book Description
This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. They test the assumption, accepted by many political scientists, that conflict in the courts is due in large part to ideological divisions among the members. The groundbreaking discussion of the viability of the attitudinal model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

Democracy and the Judiciary

Democracy and the Judiciary PDF Author: Ozan Ergül
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 352

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Book Description