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Peter A. Allard School of Law Allard Research Commons
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    Content Posted in 2023

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    55(1) Front Matter

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    Aboriginal Title and Controlling Liberalization: Use It Like the Crown

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    Aboriginal Title: Travelling from (Or to) an Antique Land

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    Accessing Justice: The Legal Profession's Role in Serving the Public's Diverse Legal Needs

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    "A Code Red for Humanity": Judicial Relevance in a Time of Climate Emergency, Margot Young

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    A "Comparative Constitutional Powerhouse" in Action: An Empirical Study of the Supreme Court of Canada's Use of Comparative Law Based on Interviews and Case Citations

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    A Crisis of Conscience: Miscarriages of Justice and Indigenous Defendants in Canada

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    A Delicate Balance: The Challenges Faced by Our Democratic Institutions in Reconciling the Competing Rights and Interests of a Diverse Population

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    A Dividend of Diversity: The Impact of Diversity on Organizational Decision Making

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    Administrative Law and the Governance of Automated Decision Making: A Critical Look at Canada's Directive on Automated Decision Making

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    Agreeing to Share: Treaty 3, History & the Courts

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    A Leopard Cannot Hide Its Spots: Unmasking Opposition to the UN Declaration on the Rights of Indigenous Peoples Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

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    A Matter of Integrity: Rule of Law, the Remuneration Reference and Access to Justice

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    A Necessary Look at Necessity Jurisdiction

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    An Ethnographic View of Legal Entanglements on the Salish Sea Borderlands

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    An Indeterminate Theory of Canadian Corporate Law

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    Another Good Thing: Ross River Dena Council v Canada in the Yukon Court of Appeal, Or: Indigenous Title, Presentism in Law and History, and a Judge Begbie Puzzle Revisited

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    Apples, Oranges, and Steel: The Effect of Mandatory Minimum Sentences for Drug Offences on the Equality Rights of Aboriginal Peoples

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    A Precarious Chancy Situation: Aboriginal Gaming Rights in Canada

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    A Reconciliation without Recollection - Chief Mountain and the Sources of Sovereignty

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    A Tale of Two Courts: The New Westminister First Nations Court and the Colville Tribal Court

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    A Theory of Information in the Canadian Law of Judicial Review: Record Rules in a Post-Vavilov World

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    Awakening Section 8 in Wakeling: Legal Implications on Wiretaps, Intercepts, Intelligence Sharing and beyond

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    Blunting the Edge: Federalism, Criminal Law, and the Importance of Legislative History after the Reference Re Assisted Human Reproduction Act

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    Book Review

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    Book Review

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    Book Review

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    Boys, You Should All Be in Hollywood: Perspectives on the Mr. Big Investigative Technique

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    Breaking the Purposive Barrier: Embracing Non-Repetition as a Guiding Principle for Subsection 24(2) of the Charter

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    Bursting Its Bounds: Ownership and the City

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    Canada Stands Alone: A Comparative Analysis of the Extraterritorial Reach of State Human Rights Obligations, Leah West

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    Canada's Wonderlands: Can a Convicted Sex Offender Subject to a Section 161(1)(A) Order Legally Enter an Amusement Park?

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    Canadian Federalism's Underlying Question: What It Is and Why It Matters

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    Can There Be Too Much Context in Administrative Law: Setting the Standard of Review in Canadian Administrative Law

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    Case Comment on Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46: Reviewing the Consequences of a Search or Seizure in Administrative Regimes

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    Child Placement and the Legal Claims of Foster Caregivers

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    Claims of Sovereignty - Burdens of Occupation: William and the Future of Reconciliation

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    Clearing Your History: A Review of Non-Consensual Distribution of Intimate Images in Canada and Future Responses

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    Collaborative Law at 25: A Canadian Study of a Global Phenomenon

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    Common Property Redux

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    Consequences of the Criminalization of Trade Secret Theft in Canada

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    Constituting Bodies into the Future: Toward a Relational Theory of Intergenerational Justice

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    Constitutional Or Political Crisis: Prosecutorial Independence, the Public Interest, and Gender in the SNC-Lavalin Affair

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    Context, Choice, and Rights: PHS Community Services Society v Canada (Attorney General)

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    Controlling Fairness in Standard Form Contracts: What Can Courts Do, and What Should They Do?

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    Corporate Social Responsibility and Corporate governance: Japanese Firms and Selective Adaptation

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    Corporate Social Responsibility in the Pacific Rim: Drawing the Boundaries Corporate Social Responsibility in the Pacific Rim: Keynote Speech

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    Corporate Veil-Piercing and Structures of Canadian Business Law

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    Corporations on the Couch: Is Therapeutic Disclosure a Kind of Madness, Bryce C. Tingle

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    Criminality and Inequity Under Canada's Legalization of Cannabis: A Study of Vancouver's Downtown Eastside, Stephanie Lake and Margot Young

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    Criminal Law & Digital Technologies: Drawing Lessons from the Canadian and American Experiences

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    Cultural Factors in the Law

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    Cutting the Cord: The Independence of Corporate Spinoffs in Canada

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    Dagenais 2.0: Technology and Its Impact on the Dagenais Test

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    Declaratory Legislation: Legislatures in the Judicial Domain Case Comment

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    Deliberative Constitutional Referendums in Deeply Divided Societies Special Section: Deliberative Democracy, Peace Referendums, and Constitutional Settlement

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    Digital Media, Video Games, and the Law Introductory Essay

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    Directors' Liability in Canadian Tax Law: Critically Analyzing the Due Diligence Standard, Samuel Singer and Monica Cheng

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    Diversity and Professionalism in the Practice of Law

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    Diversity in the Law: Arguments and Perspectives Special Issue: Diversity in the Law: Preface

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    Does a Will Stand a Chance under the Current Interpretation and Application of Dependants' Relief Legislation in British Columbia

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    Does the Notice of Objection Mechanism Available to Civil Resolution Tribunal Small Claims Parties Enhance Access to Justice?

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    Equality Rights, Ratio Identification, and the Un/Predictable Judicial Path Not Taken: Quebec (Attorney General) V A and R V Ibanescu

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    Examining the websites of Canada's Top Sex Crime Lawyers: The Ethical Parameters of Online Commercial Expression by the Criminal Defence Bar

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    Exclusively Yours: Reconsidering Interjurisdictional Immunity

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    Exclusive Occupation and Joint Aboriginal Title

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    Experts on Trial: Unearthing Bias in Scientific Evidence

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    Extending Health Care Entitlement to Lawful Non-Transient International Migrants: Untapped Potential of the Universality Principle in the Canada Health Act

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    Failed Experiments: An Empirical Assessment of Adaptive Management in Alberta's Energy Resources Sector

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    Federalism and Interprovincial Infrastructure Disputes in Canada

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    Feminism in Conversation: Campus Sexual Violence and the Negotiation within

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    Filling the Normative Hole at the Centre of Access to Justice: Toward a Person-Centred Conception

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    Finding Nemo Dat in the Land Title Act: A Comment on Gill v Bucholtz Case Comment

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    Finding Reconciliation in Dark Territory: Coastal Gaslink, Coldwater, and the Possible Futures of DRIPA Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

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    Forensic Bitemark Identification Evidence in Canada

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    Forum Selection Clauses before Canadian Courts: A Tale of Two (or Three) Solitudes

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    Freedom of Religion under the Charter of Rights: The Limits of State Neutrality

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    Fresh Consideration Rule: Insights from Its Resurrection in Quach v Mitrux Services Ltd

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    From Nevsun v Araya to the Core: Taking Stock of State-Based Business and Human Rights Grievance Mechanisms in Canada

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    Full Disclosure: Family Violence and Legal Ethics

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    Gender and Violence: Drawing on Indigenous Legal Resources

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    Gender Diversity: Preparing for the New Legal Environment

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    General and Specific Intent: The Quiet Death of the Substantive Understanding

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    Gifts and Contracts: A Comparison with Quebec Civil Law

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    Good Faith Not Good for Consistency: Irreconcilable Results in Wastech and Callow

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    Hedge Fund Activism Canadian Style

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    High-Rise Residential Condominiums and the Transformation of Private Property Governance

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    Home Invasion by Regulation: Truckers and Reasonable Expectations of Privacy under Section 8 of the Charter

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    How to Assess Obscenity: A Legal Realism Interpretation of the Legal Standards for Obscenity

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    Human Rights and Precarious Workplaces: A Comment on British Columbia Human Rights Tribunal v Schrenk Case Comments

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    I Am Not a Caped Crusader: Clinical Legal Education and Professional Identity Formation

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    I Do, I Will

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    Imperfect Evidence and Uncertain Justice: An Exploratory Study of Access to Justice Issues in Canada's Asylum System

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    Implementing UNDRIP: An Analysis of British Columbia's Declaration on the Rights of Indigenous Peoples Act Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

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    Indigenous Self-Government and the Future of Administrative Law

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    In Plain View: R v Jones and the Challenge of Protecting Privacy Rights in an Era of Computer Search

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    In Search of an Ecological Approach to Constitutional Principles and Environmental Discretion in Canada Special Section: Canada and Climate Change

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    Intellectual Property Rights in the Recreational Cannabis Market: Craft or Commodity

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    Interest, Insolvency, and Prairie Farm Debt: An Historical Analysis of Reference as to the Validity of Section 6 of the Farm Security Act, 1944 (Saskatchewan), Virginia Torrie

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    Intersecting Challenges: Mothers and Child Protection Law in BC

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    Introduction: Corporate Social Responsibility in the Pacific Rim Corporate Social Responsibility in the Pacific Rim: Preface

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    Investigating the Failure of Resettlement and Rehabilitation in Development Projects: A Critical Analysis of the World Bank's Policy on Involuntary Resettlement Using Lessons from Uganda's Bujagali Hydroelectric Project

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    Involuntary Creditors and Corporate Bankruptcy

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    IPEELEE and the Duty to Resist

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    Issues Associated with the Implementation of the Duty to Consult and Accommodate Aboriginal Peoples: Threatening the Goals of Reconciliation and Meaningful Consultation

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    Judicial Ethics in a Digital Age

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    Judicially Licensed Unconstitutionality

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    Judicial Misconduct in the Sexual Assault Trial

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    Justice as Justifiability: Mandatory Minimum Sentences, Section 12, and Deliberative Democracy

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    Kigyo No Shakai-Teki Sekinin: Challenges for Corporate Social Responsibility in Japan

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    Lawyers and Court Representation of Organized Pseudolegal Commercial Argument [OPCA} Litigants in Canada

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    Leaks in the System: Environmental Flows, Aboriginal Rights, and the Modernization Imperative for Water Law in British Columbia

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    Legislation and beyond: Implementing and Interpreting the UN Declaration on the Rights of Indigenous Peoples Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

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    Legislative Comment: Family Property Division under the Family Law Act 2011

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    Lenses of Comparison across Continents: Understanding Modern Aboriginal Title in Tsilhqot'in Nation and Ngati Apa

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    Lessons for Indigenous Property Reform: From Membership to Ownership on Nisga'a Lands

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    Limited Admissibility and Its Limitations

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    Location Matters: How Nuisance Governs Access to Property for Free Expression

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    Low-Carbon-Emissions Standards and the WTO: Do California Measures Targeting Greenhouse Gas Emissions Discriminate against Canadian Oil

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    Malice, Qualified Privilege, and the New Responsible Communication Defence to Defamation: Which Way Forward for Investigative Journalism in Canada Case Comment

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    Manifest Madness: Mental Incapacity in Criminal Law, Arlie Loughnan Book Review

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    Measuring Legal Service Value

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    Mere Evidence: Why Customs Searches of Digital Devices Violate Section 8 of the Charter

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    Mining and Access to Justice: From Sanction and Remedy to Weak Non-Judicial Grievance Mechanisms

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    Moral Rights and Mods: Protecting Integrity Rights in Video Games

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    More than Money: Using International Law of Reparations to Determine Fair Compensation for Infringements of Aboriginal Title

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    Multiple-Parent Families under British Columbia's New Family Law Act: A Challenge to the Supremacy of the Nuclear Family or a Method by Which to Preserve Biological Ties and Opposite-Sex Parenting

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    Municipalities and the Duty to Consult Aboriginal Peoples: A Case Comment on Neskonlith Indian Band v. Salmon Arm (City) Case Comments

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    Neutrality Law, Anti-Terrorism, and Foreign Fighters: Legal Solutions to the Recruitment of Canadians to Foreign Insurgencies

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    On Pardons and Miscarriages of Justice: Extracting and Dissecting Institutional Bias from the Conviction Review Framework in Canada

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    Opposing Mr. Big in Principle

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    Originalist Reasoning in Canadian Constitutional Jurisprudence

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    Origins of Modern Restorative Justice: Five Examples from the English-Speaking World, the

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    Overcoming the Dispositionism of Aboriginal Rights in Canada: Culture in the Mind versus Life in the World

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    Owning and Dissolving Strata Property

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    Paradigm Shift: Towards a New Model for Refugee Status Determination in Canada

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    Paternal Filicide and Coercive Control: Reviewing the Evidence in Cotton v Berry

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    Performing Sovereignty in a Time of Ideological Instability: BC's Bill and the Reception of UNDRIP into Canadian Law Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

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    Persistent and Emerging Questions about the Use of End-User Licence Agreements in Children's Online Games and Virtual Worlds

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    Piercing the Corporate Veil Reframed as Evasion and Concealment

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    Pokemorials: Placing Norms in Augmented Reality

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    Policies & Prejudice: The Mandatory Disclosure of Liability Insurance Policies & Policy Limits in Tort Litigation in Canada

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    Precedent, Principles, and Presumptions

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    Private Property and Aboriginal Title: What Is the Role of Equity in Mediating Conflicting Claims

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    Property and Sovereignty: An Indian Reserve and a Canadian City

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    Property in the City: Special Edition Introduction

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    Putting Therapeutic Jurisprudence on Edge: A Gendered Engagement

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    Rare Diseases and Resource Allocation Policy: The Role of Canadian Legal and Ethical Norms

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    Recasting Our Wild Neighbours: Contesting Legal Otherness in Urban Human-Animal Conflicts

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    Reconsidering a Lawyer's Obligation to Raise Adverse Authority

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    Regulation of Health-Related Artificial Intelligence in Medical Devices: The Canadian Story, Michael Da Silva, Colleen M. Flood, and Matthew Herder

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    Regulatory Capture and the Role of Academics in Public Policymaking: Lessons from Canada's Environmental Regulatory Review Process

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    Re-Imagining Indigenous Peoples' Role in Natural Resource Development Decision Making; Implementing Free, Prior and Informed Consent in Canada through Indigenous Legal Traditions

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    "Resort to the Easy Answer": Gladue and the Treatment of Indigenous NCRMD Accused by the British Columbia Review Board

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    Rethinking Canadian Defamation Law as Applied to Corporate Plaintiffs

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    Rethinking Compensation for Expropriation

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    Rhetoric and Realities: What Independence of the Bar Requires of Lawyer Regulation

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    Section 15 of the Canadian Charter of Rights and Freedoms of the Future of Federal Regulation of Indian Status

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    Self-Determination, Subordination, and Semantics: Rhetorical and Real-World Conflicts over the Human Rights of Indigenous Women

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    Set-off & Security Interests

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    Sharing Data in the Platform Economy: A Public Interest Argument for Access to Platform Data

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    Social Cost of Carbon in Environmental Impact Assessment

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    Somatic Oppression and Relational Autonomy: Revisiting Medical Aid in Dying through a Feminist Lens

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    So You Want to Implement UNDRIP... Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

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    Spaces and Challenges: Feminism in Legal Academia

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    Spaces for Sharing: Searching for Indigenous Law on the Canadian Legal Landscape

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    Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act: Foreword

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    Stealing Masks and Amulets: What's Law Got to Do with It

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    Still Seeking Justice: The Marshall Inquiry Narratives

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    Striking the Right Balance: Rethinking the Contest between Freedom of Religion and Equality Rights in Trinity Western University v the Law Society of British Columbia Case Comment

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    Supreme Court of Canada Affirms the Request Principle in R v Imperial Tobacco Addendum

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    Tenant Protections in Mobile Home Park Closures

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    Terrorism Sentencing Decisions in Canada Since 2001: Shifting away from the Fundamental Principle and towards Cognitive Biases

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    The 2012 Supreme Court Copyright Decisions & Technological Neutrality Case Comment

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    The Agency Cost Case for Regulating Proxy Advisory Firms

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    The Anthropocene in the Time of Trump, Financial Markets, Climate Change Risk, and Vulnerability

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    The Attorney General's Forgotten Role as Legal Advisor to the Legislature: A Comment on Schmidt v Canada (Attorney General) Case Comments

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    The Call to Diversify the Legal Profession

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    The Case for a Canadian Nondelegation Doctrine

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    The Challenge to Multiculturalism: Hate Speech Ban in Japan

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    The Charter Right to Refuse Psychiatric Treatment: A Comparative Analysis of the Laws of Ontario and British Columbia concerning the Right of Mental-Health Patients to Refuse Psychiatric Treatment

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    The Chiarelli Doctrine: Immigration Exceptionalism and the Canadian Charter of Rights and Freedoms

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    The Culture of Justification in Administrative Law: Rationales and Consequences

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    The Data Divide: Managing the Misalignment in Canada's Evidentiary Requirements for Drug Regulation and Funding

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    The Day Canada Said No to the Death Penalty in the United States: Innocence, Dignity, and the Evolution of Abolitionism

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    The Debate That Never Should Have Been: Dworking, Hart, and the Analytical Project

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    The Deification of Process in Canada's Duty to Consult: Tsleil-Waututh Nation v Canada (Attorney General)

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    The Deliberative Mandate Referendum Special Section: Deliberative Democracy, Peace Referendums, and Constitutional Settlement

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    The Direct Voice in Legal Discussions on Equality: An Essay

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    The Durability of Terra Nullius: Tsilhqot'in Nation v. British Columbia

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    The Edgy State of Decolonization at the Canadian Museum of History

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    The Failure of the Delgamuukw Test of Proof of Aboriginal Title

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    The Gender of Lying: Feminist Perspectives on the Non-Disclosure of HIV Status

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    The Genealogy of Core Jurisdiction

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    The Gladue Analysis: Shedding Light on Appropriate Sentencing Procedures and Sanctions

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    The Growth of Vancouver as an Innovation Hub: Challenges and Opportunities

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    The Idea of Property in Intellectual Property

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    The Individualistic Approach to Arbitrariness, Overbreadth, ad Gross Disproportionality

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    The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada's New Prostitution Laws

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    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

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    The Legitimacy of the Constitutional Arbitration Process in a Multinational Federative Regime: The Case of the Supreme Court of Canada

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    The Major Project of Reconciliation: Locating an Indigenous Consent Standard Within the BC Environmental Assessment Act, 2018, Josh Friedman

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    "The Next 10 Years": Keynote Address on the 10th Anniversary of the Federation of Asian Canadian Lawyers, Carol Liao

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    The Official Development Assistance Accountability Act: Global Justice and Managerialism in Canadian Law

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    The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession

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    The Perils of Federalizing the Common Law: A Case Study of the ITA Gift Concept

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    The Professionalization of BC Notaries 1981-2010: From the Brink of Elimination to the Brink of Expansion

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    The Public Right to Fish and the Triumph of Colonial and Dispossession in Ireland and Canada

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    The Race to the Bottom: Comity and Cooperation in Global Internet Takedown Orders

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    The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles System

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    The Regulation of Synthetic Nucleic Acids under the Human Pathogens and Toxins Act

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    The Relaxation of Representative Standing in Administrative Law: A Side Effect of Charters of Rights

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    The Right to Control and Access Genetic Research Information: Does McInerney Offer a Way out of the Consent/Withdrawal Conundrum

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    The Risks of Technology in the Law Classroom: Why the Next Great Development in Legal Education Might Be Going Low-Tech

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    The Road Not Taken: Reserving Lands for Exclusive Indigenous Use and Occupation

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    The Role of Science in Contemporary Canadian Environmental Decision Making: The Example of Environmental Assessment Special Section: Canada and Climate Change

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    The Science, Law, and Politics of Canada's Pathways to Paris: Introduction to UBC Law Review's Special Section on Canada and Climate Change Special Section: Canada and Climate Change

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    The Sentencing of Aboriginal Accused with FASD: A Search for Different Pathways

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    The Slow and Rocky Road to Reforming the British Columbia Offence Act Legislative Comment

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    The Standard of Care for Children Engaged in Adult Activities: Not Exactly Child's Play

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    The Super Panel Doctrine

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    The Trouble with Wigmore: A New Approach to Implied Waiver of Solicitor-Client Privilege

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    The Tsilqot'in Case: The Recognition and Affirmation of Aboriginal Title in Canada Case Comment

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    The Tyranny of Equality and the Torment of Equity The 2013 Southin Lecture

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    The United Nations Declaration on the Rights of Indigenous Peoples and the Division of Powers: Considering Federal and Provincial Authority in Implementation Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

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    The Virtue of Judicial Restraint, or Who Guards the Guardians?

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    The Woodlands School Litigation and Settlement: Further Complications for Historical Abuse Claims

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    Thinly Construing the Nature of the Act Legally Consented to: The Corrosive Impact of R v Hutchinson on the Law of Consent

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    Title Registration and the Abolition of Notice in British Columbia

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    Tort's Response to Surrogate Motherhood: Providing Surrogates with a Remedy for Breached Agreements

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    Towards Reconcilliation: A Proposal for a New Theory of Crown Sovereignty

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    Transnational Business, CSR, and Governance in China

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    Transnational Torts against Private Corporations: A Functional Theory for the Application of Customary International Law Post-Nevsun

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    Treaties in History and Law

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    Tribute to Professor Judith Mosoff

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    Tsilhqot'in Law of Consent

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    Tsilhqot'in Nation v. BC: Reconfiguring Aboriginal Title in the Name of Reconciliation

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    Twenty Years of the OECD Anti-Bribery Convention: National Implementation and Hybridization

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    Unappealing: An Assessment of the Limits on Appeal Rights in Canada's New Refugee Determination System

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    Understanding Trade as a Whole in the Securities Reference Case Comment

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    Under the IRPA and after Irving: The Right to Standing before the Federal Court for Canadian Children Seeking to Challenge Their Parents' Deportations

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    UNDRIP and the Renewed Application of Indigenous Laws in the Common Law

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    Unjust Factors, Absence of Juristic Reason and the Development of Canadian Unjust(ified) Enrichment Law

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    Unmixing the Mixed Questions: A Framework for Distinguishing between Questions of Fact and Questions of Law in Contractual Interpretation

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    Updating the Procedural Law of Judicial Review of Administrative Action

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    Van der Peet Turns 20: Revisiting the Rights Equation and Building a New Test for Aboriginal Rights

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    Warm Climate, Slow Change: Climate Tort Claims in Canada and the Potential for Legislative Intervention

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    Who Makes Decisions over Aboriginal Title Lands

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    Wilful Blindness: A Confused and Unnecessary Basis for Criminal Liability

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    Worn Out Faces: Repeat Self-Represented Litigants at the Supreme Court of Canada

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    Wrongful Convictions: Determining Culpability When the Sand Keeps Shifting

     

    Yah'guudang: The Principle of Respect in the Haida Legal Tradition

 
 
 

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