Author Archive for lr_toronto
University of Toronto Law Journal – Volume 63, Number 2, Spring 2013
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University of Toronto Law Journal – Volume 63, Number 2, Spring 2013
Opinion Writing and Authorship on The Supreme Court Of Canada
Kelly Bodwin, Jeffrey S Rosenthal, Albert H Yoon
Focus Feature: Criminal Jurisdiction: Comparison, History, Theory
This focus feature hopes to start a fresh conversation about criminal jurisdiction, in domestic and international law, informed by comparative, historical and theoretical perspectives. Jurisdiction is a fantastically rich subject that receives either too little or too much attention: too little attention as a way to get at basic questions about the nature of power, sovereignty, punishment, community and too much attention as a doctrinal or administrative matter of curial coordination.
Introduction
Markus D Dubber
Extraterritorial Jurisdiction to Enforce In Cyberspace? Bodin, Schmitt, Grotius in Cyberspace
Mireille Hildebrandt
Territorial Jurisdiction and Criminalization
Lindsay Farmer
Criminal Jurisdiction And Conceptions Of Penality In Comparative Perspective
Markus D Dubber
Authority to Proscribe and Punish International Crimes
Guyora Binder
REVIEW ARTICLES
The End of the Road to Serfdom?
David Dyzenhaus
Relational Autonomy and Individuality
Marilyn Friedman
BOOK REVIEWS
Is Eating People Wrong: Great Legal Cases and How They Shaped the World
Jim Phillips
Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project MUSE, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.
April 29, 2013 at 9:57 am
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University of Toronto Law Journal – Volume 63, Number 1, Winter 2013
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University of Toronto Law Journal – Volume 63, Number 1, Winter 2013
Focus Feature: Foxes, Seals, Whales and the Rule of Capture: Animals in the Law and Legal History
The common-law rule on the capture of wild animals is often cited by law and economics scholars to demonstrate the superiority of clear rules over vague or “fuzzy” standards. In countless property law courses, the famous fox hunt case, Pierson v. Post (1805), is used to support the “catch it and kill it if you can” view of property: mere pursuit of a wild animal is insufficient to establish possession. Where “hot pursuit” might have been sufficient according to the sportsman’s custom, escape was always possible, and the law preferred certainty. In this forthcoming focus feature edited by Angela Fernandez (Law, University of Toronto), four scholars spanning law and history challenge this rules v. standards approach to the rule of capture, demonstrating that, understood historically, the situation is much more complicated and interesting – which wild animal, which type of hunting, in what period all turn out to be important.
Editor’s Note
Angela Fernandez
Animals Accurs’d: Ferae Naturae And The Law Of Property In Nineteenth-Century North America
Christopher Tomlins
The Law Of Capture, Newfoundland-Style
Bruce Ziff
The Judicial Invention Of Property Norms: Ellickson’s Whalemen Revisited
Robert Deal
Fuzzy Rules and Clear Enough Standards: The Uses and Abuses of Pierson V Post
Angela Fernandez
The Entitlements of Unallied Hunters After aSequential Capture
Robert C Ellickson
LECTURE AND COMMENTARY
Inside Property
Hanoch Dagan
Pluralism, Context, and The Internal Life Of Property: A Response To Hanoch Dagan
Lisa M Austin
REVIEW ARTICLE
Law Versus Politics
Rachel E Barkow
BOOK REVIEW
Philosophy Of Criminal Law: Selected Essays
Andrew Botterell
Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.
February 14, 2013 at 2:13 pm
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University of Toronto Law Journal – Volume 62, Number 4, Fall 2012
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 62, Number 4, Fall 2012
Errors of Fact and Law: Race, Space, and Hockey in Christie v York
Eric M Adams
Electoral Fairness and the Law of Democracy: A Structural Rights Approach to Judicial Review
Yasmin Dawood
The Society of Property
Avihay Dorfman
Sexual History Evidence in Cases of Sexual Assault: A Critical Re-evaluation
Liat Levanon
Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.
October 30, 2012 at 11:30 am
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University of Toronto Law Journal – Volume 62, Number 3 Summer 2012
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 62, Number 3 Summer 2012
On Non-domination
Ian Shapiro
Response to Ian Shapiro, ‘On Non-domination’
David Dyzenhaus
Contracts to the Detriment of a Third Party: Developing a Model Inspired by Jewish Law
Benjamin Porat
Culture and Competitive Resource Regulation: A Liberal Economic Alternative to Sui Generis Aboriginal Rights
Michael Ilg
Future(s) of American Legal History
Angela Fernandez
Book Reviews
Richard H Thaler and Cass R Sunstein, Nudge: Improving Decisions about Health, Wealth and Happiness; Daniel Kahneman, Thinking,Fast and Slow; Lior Jacob Strahilevitz, Information and Exclusion
Reviewed by Megan Lloyd Richardson
A P SIMESTER and ANDREAS VON HIRSCH, Crimes, Harms, and Wrongs: On the Principles of Criminalisation
Reviewed by Hamish Stewart
Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.
August 6, 2012 at 3:54 pm
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University of Toronto Law Journal – Volume 62, Number 2, Spring 2012
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 62, Number 2, Spring 2012
The Sword in the Zone: Fantasies of Land-Use Planning Law
Ed Morgan
Corrective Justice and Unjust Enrichment
Matthew Doyle
The Logic of Planning and the Aim of the Law
N E Simmonds
Why Compare? Comments on Kevin Jon Heller and Markus D Dubber’s The Handbook of Comparative Criminal Law
Leo Zaibert
Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw
June 18, 2012 at 12:08 pm
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University of Toronto Law Journal – Volume 62, Number 1, Winter 2012
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 62, Number 1, Winter 2012
Pandectism and the Gaian classification of things
Francesco Giglio
From author’s right to property right
Simon Stern
Redressing the right wrong: The argument from corrective justice
Douglas Sanderson
Review Article
Contextual constitutionalism after the UK Human Rights Act 1998
Evan Fox-Decent
Book Reviews
A Perilous Imbalance: The Globalization of Canadian Law and Governance by Stephen Clarkson and Stepan Wood
Derek McKee
Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw
April 10, 2012 at 7:55 am
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University of Toronto Law Journal – Volume 61, Number 4, 2011
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University of Toronto Law Journal – Volume 61, Number 4, 2011
Special Issue: Constitutionalism and the Criminal Law
Editors’ Note
Shai Lavi, Hamish Stewart
Mind The Gap: Canada’s Different Criminal And Constitutional Standards Of Fault
Kent Roach
The Abiding Presence Of Conscience: Criminal Justice Against The Law And The Modern Constitutional Imagination
Benjamin L Berger
The Habibi Libel Trial: Defamation And The Hidden-Community Basis Of Criminal Law
Leora Bilsky
Covenants For The Sword
Alice Ristroph
Constitutional Rights In The Balance: Modern Exclusionary Rules And The Toleration Of Police Lawlessness In The Search For Truth
Stephen C Thaman
Policing Morality: Constitutional Law And The Criminalization Of Incest
Markus D Dubber
Basic Rights And Substantive Criminal Law: The Incest Case
Otto Lagodny
Citizenship Revocation As Punishment: On The Modern Duties Of Citizens And Their Criminal Breach
Shai Lavi
Constitutionalism And The Criminal Law: Rethinking Criminal Trial Bifurcation
Talia Fisher
Necessity Knows No Law: On Extreme Cases And Uncodifiable Necessities
Alon Harel, Assaf Sharon
Constitutionalizing Self-Defence
Alan Brudner
The Constitution And The Right Of Self-Defence
Hamish Stewart
Full text of University of Toronto Law Journal issues is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw
January 10, 2012 at 7:21 pm
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University of Toronto Law Journal – Volume 61, Number 3 /2011
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University of Toronto Law Journal – Volume 61, Number 3 / 2011
A Contextual Approach To The Admissibility Of The State’s Forensic Science And Medical Evidence
Gary Edmond, Kent Roach
Equality Under And Before The Law
William Lucy
Property And Collective Undertaking: The Principle Of Numerus Clausus
Avihay Dorfman
Book Reviews
William Kaplan: Canadian maverick: The life and times of Ivan C Rand
David Dyzenhaus
Michael Grossberg & Christopher Tomlins, Eds: The Cambridge history of law in America; vol 1, Early America (1580–1815); vol 2, The long nineteenth century (1789–1920)
Philip Girard
William E Conklin: Hegel’s laws: The legitimacy of a modern legal order
Whitten Sullivan Watson
Mary Sarah Bilder, Maeva Marcus, & R Kent Newmyer, Eds: Blackstone in America: Selected essays of Kathryn Preyer
Angela Fernandez
Andrew Petter: The politics of the Charter: The illusive promise of constitutional rights
Hamish Stewart
Full text of University of Toronto Law Journal issues is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw
October 21, 2011 at 7:54 am
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University of Toronto Law Journal – Volume 61, Number 2 /2011
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 61, Number 2 /2011
Special Issue: Understanding Law on its Own Terms: Essays on the Occasion of Ernest Weinrib’s Killam Prize
In 2009, the internationally leading scholar of private law and Canada’s pre-eminent legal theorist, Ernest Weinrib, was awarded the Killam Prize in the social sciences, the country’s highest honor for scholarly career achievement. On the occasion of the prize, Weinrib presented a public lecture on Private Law and Public Right, developing a new set of ideas. In this special issue, Weinrib’s lecture is published together with pieces by former students of his who have made important contributions to private law theory.
Editor’s Note
Arthur Ripstein
Ernie’s Three Worlds
Bruce Chapman
Private Law And Public Right
Ernest J Weinrib
Formalism In Music And Law
Allan Beever
The Idea Of Consideration
Peter Benson
Private Law And Kantian Right
Alan Brudner
Legal Positivism As An Idea About Morality
Martin Stone
May 24, 2011 at 9:19 pm
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University of Toronto Law Journal – Volume 61, Number 1 /2011
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 61, Number 1, 2011
Empire And International Law: The Real Spanish Contribution
Martti Koskenniemi
Distinctions Of Power And The Power Of Distinctions: A Response To Professor Koskenniemi
Arthur Ripstein
FOCUS: THE AIR INDIA REPORT AND THE REGULATION OF CHARITIES AND TERRORISM FINANCING
In June 2010, the Air India Commission released its long-awaited report on the investigation of the 1985 bombing and efforts taken in Canada since that time to prevent similar terrorist attacks. In this focus feature, experts address major issues of terrorism financing and the regulation of charities in light of the Commission’s report and other recent developments.
The Air India Report And The Regulation Of Charities And Terrorism Financing
Kent Roach
Combating Terrorist Financing: Is Canada’s Legal Regime Effective?
Anita I. Anand
Charities And Terrorist Financing
David G. Duff
REVIEW ARTICLES
A Hegelian Criminal Law
Stephen P. Garvey
Ending Impunity: Critical Reflections On The Prosecution Of Heads Of State
Renu Mandhane
Book Review
The Transformation of the Supreme Court of Canada: An Empirical Examination( DONALD R SONGER )
Benjamin Alarie
May 12, 2011 at 8:29 am
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University of Toronto Law Journal – Volume 60, Number 4 /2010
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University of Toronto Law Journal – Volume 60, Number 4, Fall 2010
ARTICLES
Investing In Democracy? Political Process And International Investment Law
David Schneiderman
Is Systemic Risk Relevant To Securities Regulation?
Anita I. Anand
FOCUS: THE RESURGENCE OF PHILOSOPHICAL LEGAL ETHICS
If Philosophical Legal Ethics Is The Answer, What Is The Question?
Alice Woolley
Three Issues In Legal Ethics
Daniel Markovits
Methodology And Perspective In The Theory Of Lawyers’ Ethics: A Response To Professors Woolley And Markovits
W. Bradley Wendel
Philosophical Legal Ethics And Personal Integrity
Tim Dare
REVIEW ARTICLE
Language And Judgment’s Reach: Reflecting On Limits On Rights
Robert Leckey
BOOK REVIEW
Sexual Citizens: The Legal and Cultural Regulation of Sex and Belonging by Brenda Cossman, reviewed by Rebecca Johnson
Current issue will also be available through Westlaw, LexisNexis/Quicklaw, Scholars Portal and Project Muse.
November 11, 2010 at 11:25 am
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University of Toronto Law Journal Volume 60, Number 3, Summer 2010
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 60, Number 3, Summer 2010
Misfeasance As An Organizing Normative Idea In Private Law
Peter Benson
New Modes And Orders: The Difficulties Of A Jus Post Bellum Of Constitutional Transformation
Nehal Bhuta
Early Twentieth-Century Canadian Medical Patent Law In Practice: James Bertram Collip And The Discovery Of Emmenin
Virginie Marier, Tina Piper
Investment Rules And The Denial Of Change
Gus Van Harten
Anver M. Emon
Current issue also available through Westlaw, LexisNexis/Quicklaw, Scholars Portal and Project Muse.
September 10, 2010 at 10:34 am
Posted in: Law Rev (Toronto), Law Rev Contents, Uncategorized
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University of Toronto Law Journal, Volume 60, Number 2 (2010)
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University of Toronto Law Journal, Volume 60, Number 2 (2010)
SPECIAL ISSUE
Law, Economics, and Public Policy: Essays in Honour of Michael Trebilcock
Editors’ Note
Anita Anand, Anthony Duggan, Colleen Flood and Edward Iacobucci
Michael Trebilcock And The Past And Future Of Law And Economics
George L. Priest
Law And Economics In The Legal Academy, Or, What I Should Have Said To Discipulus
Anthony Ogus
Preference, Pluralism, And Proportionality
Bruce Chapman
The French Response To The World Bank’s Doing Business Reports
Catherine Valcke
Abuse Of Joint Dominance In Canadian Competition Policy
Edward M. Iacobucci, Ralph A. Winter
Regional Competition Law Agreements: An Important Step For Antitrust Enforcement
Michal S. Gal
Beyond The Countertrade Taboo: Why The WTO Should Take Another Look At Barter And Countertrade
Robert Howse
Freeing Migration From The State: Michael Trebilcock On Migration Policy
Audrey Macklin
Ideas, Interests, And Institutions: Conceding Citizenship In Bangladesh
Ninette Kelley
Access To Justice And Beyond
Kent Roach, Lorne Sossin
The Evidentiary Burden For Overturning Government’s Choice Of Regulatory Instrument: The Case Of Direct-To-Consumer Advertising Of Prescription Drugs
Colleen M. Flood
Reinventing The Night-Watchman State?
Malcolm Thorburn
Person, Place, Or Thing? Property And The Structuring Of Social Relations
Lisa M. Austin
Academic Scribblers And Defunct Economists
Robert Cooter, Hans Bernd Schaefer
The Persistent Dilemmas Of Development: The Next Fifty Years
Lindsey Carson, Ronald J. Daniels
Trebilcock’s Heresy
Owen Fiss
Regulation And Public Law In Comparative Perspective
Susan Rose-Ackerman
Legal Universalism: Persistent Objections
Kevin E. Davis
The Paradox Of Rule Of Law Reforms: How Early Reforms Can Create Obstacles To Future Ones
Mariana Mota Prado
Giving Voice To Reality: Michael Trebilcock And Pension Governance Issues
Ronald B. Davis, Janis P. Sarra
Ideas, Interests, Institutions And The History Of Canadian Bankruptcy Law, 1867–1880
Thomas G.W. Telfer
Trebilcock On Tax Avoidance
Benjamin Alarie
The Evolution Of Contract Remedies (And Why Do Contracts Professors Teach Remedies First?)
George Triantis
Why Is This Taking So Long? The Move Toward A National Securities Regulator
Anita I. Anand, Andrew J. Green
Consumer Credit Redux
Anthony Duggan
‘To Heap Distress Upon Distress?’ Comparative Reflections On Interest-Rate Ceilings
Iain Ramsay
June 28, 2010 at 10:00 am
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