Content Posted in 2023
Aboriginal Title and Controlling Liberalization: Use It Like the Crown
Aboriginal Title: Travelling from (Or to) an Antique Land
Accessing Justice: The Legal Profession's Role in Serving the Public's Diverse Legal Needs
"A Code Red for Humanity": Judicial Relevance in a Time of Climate Emergency, Margot Young
A Crisis of Conscience: Miscarriages of Justice and Indigenous Defendants in Canada
A Dividend of Diversity: The Impact of Diversity on Organizational Decision Making
Against Settlement in Transnational Business and Human Rights Litigation, Hassan M. Ahmad
Agreeing to Share: Treaty 3, History & the Courts
A Matter of Integrity: Rule of Law, the Remuneration Reference and Access to Justice
A Necessary Look at Necessity Jurisdiction
An Ethnographic View of Legal Entanglements on the Salish Sea Borderlands
An Indeterminate Theory of Canadian Corporate Law
Applying context theory : the narrative of homelessness and law, Ryan Peterson
A Precarious Chancy Situation: Aboriginal Gaming Rights in Canada
A Reconciliation without Recollection - Chief Mountain and the Sources of Sovereignty
A Tale of Two Courts: The New Westminister First Nations Court and the Colville Tribal Court
A Theory of Information in the Canadian Law of Judicial Review: Record Rules in a Post-Vavilov World
Boys, You Should All Be in Hollywood: Perspectives on the Mr. Big Investigative Technique
Bursting Its Bounds: Ownership and the City
Canadian Federalism's Underlying Question: What It Is and Why It Matters
Canadian Income Tax Law, 7th ed., David G. Duff
Canadian Law, Indigenous Laws & Critical Perspectives, Benjamin Perrin, David Milward, Michelle Lawrence, and Myrna McCallum
Challenging Myths and Stereotypes in Domestic Violence Cases, Jennifer Koshan
Child Placement and the Legal Claims of Foster Caregivers
Claims of Sovereignty - Burdens of Occupation: William and the Future of Reconciliation
Collaborative Law at 25: A Canadian Study of a Global Phenomenon
Consequences of the Criminalization of Trade Secret Theft in Canada
Constituting Bodies into the Future: Toward a Relational Theory of Intergenerational Justice
Context, Choice, and Rights: PHS Community Services Society v Canada (Attorney General)
Controlling Fairness in Standard Form Contracts: What Can Courts Do, and What Should They Do?
Controlling Fairness in Standard Form Contracts: What Can Courts Do, and What Should They Do?, Marcus Moore
Corporate Social Responsibility and Corporate governance: Japanese Firms and Selective Adaptation
Corporate Veil-Piercing and Structures of Canadian Business Law
Corporations on the Couch: Is Therapeutic Disclosure a Kind of Madness, Bryce C. Tingle
Criminality and Inequity Under Canada's Legalization of Cannabis: A Study of Vancouver's Downtown Eastside, Stephanie Lake and Margot Young
Criminal Law & Digital Technologies: Drawing Lessons from the Canadian and American Experiences
Cutting the Cord: The Independence of Corporate Spinoffs in Canada
Dagenais 2.0: Technology and Its Impact on the Dagenais Test
Declaratory Legislation: Legislatures in the Judicial Domain Case Comment
Deliberative Peace Referendums, Ron Levy, Ian O'Flynn, and Hoi Kong
Demystifying Implied Terms, Marcus Moore
Developments in Contract Law: The 2021-2022 Term — The Enduring Allure of Freedom of Contract, Marcus Moore
Digital Media, Video Games, and the Law Introductory Essay
Directors' Liability in Canadian Tax Law: Critically Analyzing the Due Diligence Standard, Samuel Singer and Monica Cheng
Diversity and Professionalism in the Practice of Law
Diversity in the Law: Arguments and Perspectives Special Issue: Diversity in the Law: Preface
Domestic Violence, Precarious Immigration Status, and the Complex Interplay of Family Law and Immigration Law, Janet Mosher
Exclusively Yours: Reconsidering Interjurisdictional Immunity
Exclusive Occupation and Joint Aboriginal Title
Experts on Trial: Unearthing Bias in Scientific Evidence
Federalism and Interprovincial Infrastructure Disputes in Canada
Feminism in Conversation: Campus Sexual Violence and the Negotiation within
Filling the Normative Hole at the Centre of Access to Justice: Toward a Person-Centred Conception
Finding Nemo Dat in the Land Title Act: A Comment on Gill v Bucholtz Case Comment
Forensic Bitemark Identification Evidence in Canada
Forum Selection Clauses before Canadian Courts: A Tale of Two (or Three) Solitudes
Freedom of Expression: Values and Harms, Camden Hutchison
Freedom of Religion under the Charter of Rights: The Limits of State Neutrality
Fresh Consideration Rule: Insights from Its Resurrection in Quach v Mitrux Services Ltd
Full Disclosure: Family Violence and Legal Ethics
Gender and Violence: Drawing on Indigenous Legal Resources
Gender Diversity: Preparing for the New Legal Environment
General and Specific Intent: The Quiet Death of the Substantive Understanding
Gifts and Contracts: A Comparison with Quebec Civil Law
Good Faith Not Good for Consistency: Irreconcilable Results in Wastech and Callow
Hedge Fund Activism Canadian Style
High-Rise Residential Condominiums and the Transformation of Private Property Governance
How to Assess Obscenity: A Legal Realism Interpretation of the Legal Standards for Obscenity
I Am Not a Caped Crusader: Clinical Legal Education and Professional Identity Formation
Indigenous Self-Government and the Future of Administrative Law
In Plain View: R v Jones and the Challenge of Protecting Privacy Rights in an Era of Computer Search
Intellectual Property Rights in the Recreational Cannabis Market: Craft or Commodity
Intersecting Challenges: Mothers and Child Protection Law in BC
Introduction: Domestic Violence and Access to Justice within the Family Law and Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, and Michaela Keet
Introduction to Volume I [of the Canadian Law of Obligations III Conference]: The Power and Limits of Private Law, Marcus Moore and Samuel Beswick
Involuntary Creditors and Corporate Bankruptcy
IPEELEE and the Duty to Resist
Judicial Ethics in a Digital Age
Judicially Licensed Unconstitutionality
Judicial Misconduct in the Sexual Assault Trial
Justice as Justifiability: Mandatory Minimum Sentences, Section 12, and Deliberative Democracy
Kigyo No Shakai-Teki Sekinin: Challenges for Corporate Social Responsibility in Japan
Legislated Ableism: Bill C-7 and the Rapid Expansion of MAiD in Canada, Isabel Grant
Legislative Comment: Family Property Division under the Family Law Act 2011
Lessons for Indigenous Property Reform: From Membership to Ownership on Nisga'a Lands
Limited Admissibility and Its Limitations
Location Matters: How Nuisance Governs Access to Property for Free Expression
Manifest Madness: Mental Incapacity in Criminal Law, Arlie Loughnan Book Review
Mediator Discretion in Cases Involving Intimate Partner Violence, Michaela Keet and Jeff Edgar
Mere Evidence: Why Customs Searches of Digital Devices Violate Section 8 of the Charter
Mining and Access to Justice: From Sanction and Remedy to Weak Non-Judicial Grievance Mechanisms
Moral Rights and Mods: Protecting Integrity Rights in Video Games
Of Lock-Breaking and Stock Taking: IP, Climate Change and the Right to Repair in Canada, Graham Reynolds
Originalist Reasoning in Canadian Constitutional Jurisprudence
Origins of Modern Restorative Justice: Five Examples from the English-Speaking World, the
Owning and Dissolving Strata Property
Paradigm Shift: Towards a New Model for Refugee Status Determination in Canada
Paternal Filicide and Coercive Control: Reviewing the Evidence in Cotton v Berry
Piercing the Corporate Veil Reframed as Evasion and Concealment
Pokemorials: Placing Norms in Augmented Reality
Precedent, Principles, and Presumptions
Preventive Justice? Domestic Violence Protection Orders and their Intersections with Family and Other Laws and Legal Systems, Jennifer Koshan
Principles of Interpretation as Applied to Corporate Articles: A Comment on Rogers v. Rogers Communications Inc., Camden Hutchison
Private Property and Aboriginal Title: What Is the Role of Equity in Mediating Conflicting Claims
Property and Sovereignty: An Indian Reserve and a Canadian City
Property in the City: Special Edition Introduction
Putting Therapeutic Jurisprudence on Edge: A Gendered Engagement
Rare Diseases and Resource Allocation Policy: The Role of Canadian Legal and Ethical Norms
Recasting Our Wild Neighbours: Contesting Legal Otherness in Urban Human-Animal Conflicts
Reconsidering a Lawyer's Obligation to Raise Adverse Authority
Regulation of Health-Related Artificial Intelligence in Medical Devices: The Canadian Story, Michael Da Silva, Colleen M. Flood, and Matthew Herder
Rethinking Canadian Defamation Law as Applied to Corporate Plaintiffs
Rethinking Compensation for Expropriation
Rhetoric and Realities: What Independence of the Bar Requires of Lawyer Regulation
Rich Dad, Gay Dad: The Wealth Traps of Gay Fatherhood, Aloni Erez
Rights of Nature: What Are They?, Stepan Wood
Rights of Nature: Who Holds Them?, Stepan Wood
Sex, Sexuality, and the Constitution: Enshrining the Right to Sexual Autonomy in Japan, Matsui Shigenori
Sexual Assault of Women and Adolescent Girls with Mental Disabilities, Janine Benedet and Isabel Grant
Sharing Data in the Platform Economy: A Public Interest Argument for Access to Platform Data
Social Cost of Carbon in Environmental Impact Assessment
Somatic Oppression and Relational Autonomy: Revisiting Medical Aid in Dying through a Feminist Lens
Spaces and Challenges: Feminism in Legal Academia
Spaces for Sharing: Searching for Indigenous Law on the Canadian Legal Landscape
Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act: Foreword
Stealing Masks and Amulets: What's Law Got to Do with It
Still Seeking Justice: The Marshall Inquiry Narratives
Supreme Court of Canada Affirms the Request Principle in R v Imperial Tobacco Addendum
Sustaining the corporate income tax rates of small businesses in developing economies : lessons for Nigeria from Canada, South Africa, and the UK, Stanley Oghenevwairhe Omotor
Taxation of Non-Residents' Capital Gains, Wei Cui
Tenant Protections in Mobile Home Park Closures
The 2012 Supreme Court Copyright Decisions & Technological Neutrality Case Comment
The Agency Cost Case for Regulating Proxy Advisory Firms
The Anthropocene in the Time of Trump, Financial Markets, Climate Change Risk, and Vulnerability
The Call to Diversify the Legal Profession
The Canadian Digital Services Tax, Wei Cui
The Case for a Canadian Nondelegation Doctrine
The Challenge to Multiculturalism: Hate Speech Ban in Japan
The Chiarelli Doctrine: Immigration Exceptionalism and the Canadian Charter of Rights and Freedoms
The Chinese Enterprise Income Tax, Wei Cui
The Culture of Justification in Administrative Law: Rationales and Consequences
The Debate That Never Should Have Been: Dworking, Hart, and the Analytical Project
The Direct Voice in Legal Discussions on Equality: An Essay
The Durability of Terra Nullius: Tsilhqot'in Nation v. British Columbia
The Edgy State of Decolonization at the Canadian Museum of History
The Failure of the Delgamuukw Test of Proof of Aboriginal Title
The Forgotten Foundations of the Canadian Constitution, Brian Bird and Derek Ross
The Gender of Lying: Feminist Perspectives on the Non-Disclosure of HIV Status
The Genealogy of Core Jurisdiction
The Gladue Analysis: Shedding Light on Appropriate Sentencing Procedures and Sanctions
The Growth of Vancouver as an Innovation Hub: Challenges and Opportunities
The HMCS Unconscionability: Adrift in the Atlantic, Marcus Moore
The Idea of Property in Intellectual Property
The Individualistic Approach to Arbitrariness, Overbreadth, ad Gross Disproportionality
The Intersection of Child Protection and Family Law Systems in Cases of Domestic Violence, Wanda Wiegers
The Law of Haunted Houses: A Comment on Stigmatized Properties following Wang v Shao
The Lawyer as Advisor and the Practice of the Rule of Law
The Major Project of Reconciliation: Locating an Indigenous Consent Standard Within the BC Environmental Assessment Act, 2018, Josh Friedman
"The Next 10 Years": Keynote Address on the 10th Anniversary of the Federation of Asian Canadian Lawyers, Carol Liao
The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession
The Perils of Federalizing the Common Law: A Case Study of the ITA Gift Concept
The protection of AI-generated works under European copyright law : toward adoption of a neighbouring rights approach, Berna Tugce Kucukali
The Public Right to Fish and the Triumph of Colonial and Dispossession in Ireland and Canada
The Race to the Bottom: Comity and Cooperation in Global Internet Takedown Orders
The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles System
The Regulation of Synthetic Nucleic Acids under the Human Pathogens and Toxins Act
The Relaxation of Representative Standing in Administrative Law: A Side Effect of Charters of Rights
The "Right to City" in the Era of Crowdsourcing, Alexandra Flynn
The Road Not Taken: Reserving Lands for Exclusive Indigenous Use and Occupation
The Sentencing of Aboriginal Accused with FASD: A Search for Different Pathways
The Slow and Rocky Road to Reforming the British Columbia Offence Act Legislative Comment
The Standard of Care for Children Engaged in Adult Activities: Not Exactly Child's Play
The Trouble with Wigmore: A New Approach to Implied Waiver of Solicitor-Client Privilege
The Tsilqot'in Case: The Recognition and Affirmation of Aboriginal Title in Canada Case Comment
The Tyranny of Equality and the Torment of Equity The 2013 Southin Lecture
The Virtue of Judicial Restraint, or Who Guards the Guardians?
The Woodlands School Litigation and Settlement: Further Complications for Historical Abuse Claims
“This Isn’t Justice”: Abused Women Navigate Family Law in Greater Vancouver, Wendy Chan and Rebecca Lennox
Title Registration and the Abolition of Notice in British Columbia
Tort's Response to Surrogate Motherhood: Providing Surrogates with a Remedy for Breached Agreements
Towards Reconcilliation: A Proposal for a New Theory of Crown Sovereignty
Transnational Business, CSR, and Governance in China
Trapped by a record : how information sharing between schools and police agencies perpetuate the school to prison pipeline, Ritchelle Aubrey Abaya-Habibullah
Tribute to Professor Judith Mosoff
Tsilhqot'in Nation v. BC: Reconfiguring Aboriginal Title in the Name of Reconciliation
Twenty Years of the OECD Anti-Bribery Convention: National Implementation and Hybridization
Un-Democratizing the City? Unwritten Constitutional Principles and Ontario's Strong Mayor Powers, Alexandra Flynn
Understanding Trade as a Whole in the Securities Reference Case Comment
UNDRIP and the Renewed Application of Indigenous Laws in the Common Law
Updating the Procedural Law of Judicial Review of Administrative Action
Van der Peet Turns 20: Revisiting the Rights Equation and Building a New Test for Aboriginal Rights
Who Makes Decisions over Aboriginal Title Lands
Wilful Blindness: A Confused and Unnecessary Basis for Criminal Liability
Worn Out Faces: Repeat Self-Represented Litigants at the Supreme Court of Canada
Wrongful Convictions: Determining Culpability When the Sand Keeps Shifting
Yah'guudang: The Principle of Respect in the Haida Legal Tradition