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Registered Savings Plans and the Making of Middle-Class Canada: Toward a Performative Theory of Tax Policy

Campaigning politicians and elected governments across Canada’s political spectrum strive to position themselves as defenders of the middle class. This is to be expected given the large proportion of ... at only 47 percent. See Political Landscape Freezes with Winter Cold: Less than Half of Canadians See Themselves As Middle Class, EKOS POLITICS (Dec. 19, 2013),

Why Michigan v. EPA Requires that the Meaning of the Cost/Rationality Nexus Be Clarified

, and decides how to allocate rights between competing interests. This decision rests on political considerations and moral factors that are independent of the concept of cost. Cost quantification ... JUDICIAL AND POLITICAL REVIEW OF FEDERAL AGENCIES 177 (John F. Duffy & Michael Herz eds., 2005); Richard J. Pierce, Jr., What Factors Can an Agency Consider in Making a Decision?, 2009 MICH. L. REV. 67 (2009

Emerging from the Haze of America's War on Drugs and Examining Canada's New Half-Baked Laws

adoption of stricter guidelines, such as the three strikes law in California." Moreover, legislators viewed any opposition to these provisions as "akin to political suicide."3' State legislatures also ... conviction for a violent crime, the three strikes law prescribes that he will receive a mandatory life prison sentence. CAL. PENAL CODE § 667(e) (2) (A). 31. Beale, supranote 29, at 417 (noting the political

The Terrorism Bar to Asylum in Australia, Canada, the United Kingdom, and the United States: Transporting Best Practices

fundamental doctrinal dilemma.' 6 13. DIPAK K_ GUPTA, UNDERSTANDING TERRORISM AND POLITICAL VIOLENCE 3 (2008). 14. See id. at 6-7. 15. See id. at 7-8. 16. The Encyclopediaof World Terrorismbegins with this ... , in this era, this term carries with it significant legal and political consequences. The meaning depends on who defines it. There is no real disagreement in the Western World on whether Mohammed Atta

Canada's International Forest Protection Obligations: A Case of Promises Forgotten in British Columbia and Alberta

in some areas." B.C.'s disregard of provincial, as well international, forest law is not a consequence of inadequate enforcement resources. Rather, it is consequence of political collusion and ... part to the timber industry's economic and political clout, 14 1 there are also constitutional considerations underlying its current position. 42 Under the Canadian Constitution, powers are divided

A Tale of Two Countries: Canada's Response to the Peer-to-Peer Crisis and What it Means for the United States

); Ram Samudrala, The Free Music Philosophy (vl.4) (June 17, 1998), at 116. Copyright Act, R.S.C., ch. 24, § 50 (1997) (Can.). 117. Id. which a sound ... become the producers and distributors of their own ideas and opinions. The information exchange efficiencies of P2P networks thus function to enhance core political values, such as autonomy, democracy, and

A Model for Small Business Financing: The Canada Development Corporation

five dollars not exceeding the par value of one thousand dollars each. The preferred shares may be issued in one or more series. Id. § 9( 1 )(a)-(b). 46. For a discussion of the political mood of ... of small companies that investments by the development corporation will be dominated by political motivations." However, the presence of the government as a shareholder and, through representation on

Should Canada Enact a New Sui Generis Database Right?

Drahos ed., 1999) (presenting a classic formulation). 7 See id. at 6–10. 8 See id. 9 See id. 10 See Edwin C. Hettinger, Justifying Intellectual Property, in PHILOSOPHY & PUBLIC AFFAIRS (1989), reprinted in ... See David McGowan, The Legal Implications of Open Source Software, 2001 U. ILL. L. REV. 241; Richard Stallman, Why Software Should Be Free, at 40 See J.H

Filling the Gaps in Canada's Climate Change Strategy: "All Litigation, All the Time…"?

point of intervention that, to date, has been underutilized in the Canadian context, it is unlikely that a court would, even in the absence of a clear American-style Political Questions Doctrine, choose ... . Minister of Justice and Attorney General of Canada, 2012 F.C. 893 (Can.). 93. Friends of the Earth, 2008 F.C. 1183 at ¶¶ 3-6. 94. Id. at ¶ 46. Canadian courts do not subscribe to the American Political

Content Providers’ Secondary Liability: A Social Network Perspective

government, and they function as political institutions on their own, vying for power from a position of power.11 Thus, the press is often dubbed the ?fourth estate.?12 Traditionally, newspaper editors had a ... array of political views with a limited number of channels. The particular means chosen to attain this end was the fairness doctrine.15 This 11 See TIMOTHY E. COOK, GOVERNING WITH THE NEWS: THE NEWS MEDIA

Content Providers’ Secondary Liability: A Social Network Perspective

. REV. 83, 123 (2006). lic. Press organizations use their social and economic capital to check the government, and they function as political institutions on their own, vying for power from a position of ... . Regulation was required because of spectrum scarcity. The government’s goal was to balance freedom of speech and an array of political views with a limited number of channels. The particular means chosen to

Comparative Perspectives on Lawyer Regulation: An Agenda for Reform in the United States and Canada

intervene and even the playing field.20 A primary reason is that the individual clients and third parties most vulnerable to lawyers’ misconduct lack political leverage and incentives to demand reform.21 Most ... internal political consensus to those disciplinary problems whose resolution provides the highest returns to the profession with the least risk of adverse consequences.”77 High-reward discipline cases are

Roundtable: Funding Strategies

country; you have to take into consideration cultural, political, and social considerations. Each person was chosen on the panel because they represented a different funding mechanism or perspective. The ... are still only in the process of learning ourselves. Second, when it comes to government funding-government funding, of course, is inherently a political decision-we have learned inadvertently of the

Canadian Lawyer Mobility and Law Society Conflict of Interest

Canadian Constitution was not a particularly competent instrument for challenging draconian language laws, which were a product of intense political conflict. An analogy is shown by the U.S. Supreme Court ... as the 'mother of all Parliaments,' has developed, since the time of the Magna Carta, the democratic political convention that the will of elected representatives in Parliament is superior to that of


birth to new legal or political system). 9. See id. at 4 (stating that despite manifold differences between laws of common law countries, common law tradition allows each country to draw upon experience ... self-determination as used in International Covenant on Civil and Political Rights "refers to civil and political rights enjoyed by peoples in their relationships with governments."). 349. Id. at *45-50

Extradition from Canada to the United States for Securities Fraud: Frustration of the National Policies of Both Countries

Convention of 1889, supra note 25, and § 15, Canadian Extradition Act, supra note 9, relating to political offenses. 95. See note 93 supra. accused is not self-executing and the final determination as to

U.S.-Canadian Relations Regarding Diversions from an International Basin: An Analysis of Article II of the Boundary Waters Treaty

political frontiers that separate it, and in order to make maximum use of its waters, it is often necessary to develop an integrated program for the whole drainage basin.95 Under this theory, the joint ... as a solution to international river conflicts.' 29 The Harmon Doctrine expresses an absolute sovereign philosophy more in tune with the pre-industrial revolution era of the eighteenth and nineteenth

Prosecuting Crimes Against Humanity: The Lessons of Wolrd War I

crimes or offences committed during the same period which were evidently connected with the political events which have taken place during that period." d. 35. Agreement for the Prosecution of the Major ... any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal

Straight Talk About a Complex Issue: The U.S. Standard of Judicial Review of Antidumping and Countervailing Duty Determinations: An Important Challenge for NAFTA Panels

(1979) (maintaining true predatory pricing israre because it iscostly and benefits are doubtful)). A strictly free market analysis of dumping, however, overlooks the political pressures created by ... concentrated interests of producers command greater political support than diffuse interests of consumers)). Also overlooked is the fact that the dumping and subsidy laws require proof of injury before producers

Kear v. Hilton: Enforcing the Treaty On Extradition Between the United States and Canada

: those of a "political character,"'' 4 7 those barred by lapse of time,' 4 8 and those for accused . . . to ultimately answer to an indictment, or other proceeding, in which he shall be finally tried upon ... offense in respect of which extradition is requested is of a political character, or the person whose extradition is requested proves that the extradition request has been made for the purpose of trying or