ALBERTA LAW REVIEW最新文献_第5页

Is that All There Is? The Dubious Dividends of Daniels 这就是全部吗?丹尼尔斯的可疑红利

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2568

K. Wilkins

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Imperial Tobacco and Trial Lawyers: An Unstable and Unsuccessful Retreat 帝国烟草与审判律师：一次不稳定且不成功的撤退

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2563

James Johnson

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Back to Burgess: The Impact of the White Burgess Expert Evidence Regime in Alberta Decisions 回到伯吉斯:怀特伯吉斯专家证据制度在艾伯塔省决策中的影响

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2562

Lisa A. Silver

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Introduction 介绍

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2572

Mike Nesbitt, Leah West

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The Devil is in the Scale: Revisiting the Commonality Requirement in Charter Class Actions 魔鬼在天平上：重新审视宪章集体诉讼中的共同性要求

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2565

I. Ponomarenko

{"title":"The Devil is in the Scale: Revisiting the Commonality Requirement in Charter Class Actions","authors":"I. Ponomarenko","doi":"10.29173/alr2565","DOIUrl":"https://doi.org/10.29173/alr2565","url":null,"abstract":"Even a cursory look at the literature reveals scant agreement among experts on the future of Charter class actions. In no small part, this uncertainty can be attributed to the divergent views among the courts concerning the proper contours of the commonality threshold for aggregate Charter proceedings. While the doctrinal narrative of Thorburn suggests that Charter rights are individual in nature and, thus, are not easily amenable to collective redress, the counter-narrative delivered by Good posits that in order for a Charter class action to pass the commonality hurdle of certification “it does not have to resolve all issues that may exist in terms of establishing liability.” Although it is easy to see Thorburn and Good as thesis and antithesis, the subsequent Charter class actions such as Murray can hardly be portrayed as a synthesis. Hence, uncertainty over the commonality standard reigns. \u0000Taking these observations as its guiding thread, this article makes a case for revisiting the commonality requirement in Charter class actions and argues that “over-individualization” of Charter rights that has been imputed into the analysis by Thorburn is unjustified on both descriptive and normative levels. Descriptively, such “over-individualization” is misguided because it semantically overpowers the analysis which, if properly conducted, would often reveal either no need for individual fact-finding at all or the possibility to follow the resolution of common issues with individual mini-trials. Normatively, overreliance on individualized inquiries as part of the commonality analysis is misguided because it misconstrues the very nature of the class action regime.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49565961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Roundtable: Buffalo Days and Nights, Peter Erasmus and Henry Thompson 圆桌会议：水牛城的白天和夜晚，彼得·伊拉斯谟和亨利·汤普森

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2569

A. Acorn, Darcy Lindberg, J. Nichols, Eric L Pentland, Brock Roe

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Defining Wrongful Dismissal: The Alberta Schism 定义不当解雇：阿尔伯塔分裂

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ALBERTA LAW REVIEW Pub Date : 2019-10-02 DOI: 10.29173/alr2567

Dennis D. Buchanan

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Building Haystacks: Information Retention and Data Exploitation by the Canadian Security Intelligence Service 构建干草堆：加拿大安全情报局的信息保留和数据利用

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ALBERTA LAW REVIEW Pub Date : 2019-08-16 DOI: 10.29173/alr2573

Leah West, Craig Forcese

{"title":"Building Haystacks: Information Retention and Data Exploitation by the Canadian Security Intelligence Service","authors":"Leah West, Craig Forcese","doi":"10.29173/alr2573","DOIUrl":"https://doi.org/10.29173/alr2573","url":null,"abstract":"This article examines the technical topic of CSIS’s modern data acquisition, retention, and exploitation, a matter not canvassed in the existing legal literature. As part of a special collection on the National Security Act (NSA 2017), it focuses on the policy and legal context driving the NSA 2017 amendments, relying on primary materials to memorialize this background. This article examines how CSIS has been pulled in divergent directions by its governing law, and sometimes a strained construal of those legal standards, toward controversial information retention practices. It argues that the tempered standards on acquisition, retention, and exploitation of non-threat-related information created by the NSA 2017 respond to civil liberties objections. The introduction of the “dataset” regime in the NSA 2017 may finally establish an equilibrium between too aggressive an information destruction standard that imperils due process and too constraining an information retention system that undermines CSIS’s legitimate intelligence functions. The article flags, however, areas of doubt, the resolution of which will have important implications for the constitutionality and legitimacy of the new system.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2019-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43092422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Justice Jean E. L. Côté, The Court of Appeal, and the Changing Nature of Contract Law Jean E.L.Côté法官、上诉法院和合同法性质的变化

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ALBERTA LAW REVIEW Pub Date : 2019-07-17 DOI: 10.29173/ALR2556

Q. D. R. Percy, Q. C. Douglas Stollery

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Litigating on One's Doorstep: Access to Justice and the Question of Venue 家门口诉讼:诉诸司法与诉讼地点问题

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ALBERTA LAW REVIEW Pub Date : 2019-07-17 DOI: 10.29173/ALR2544

Anna J. Lund

{"title":"Litigating on One's Doorstep: Access to Justice and the Question of Venue","authors":"Anna J. Lund","doi":"10.29173/ALR2544","DOIUrl":"https://doi.org/10.29173/ALR2544","url":null,"abstract":"Venue rules govern the location where legal proceedings are commenced and where applications and trials are heard. These rules can hamper litigants from participating in legal proceedings, such as when they require a litigant to travel a significant distance to take part in a hearing or trial. The expense and time required for such travel is prohibitive for some litigants. \u0000In this article, the author considers the extent to which the venue rules in Alberta hamper defendants from participating in three types of proceedings: mortgage default proceedings, residential eviction proceedings, and enforcement proceedings against a judgment debtor’s real property. The venue rules applicable to these proceedings raise serious access to justice issues because the defendants are commonly self-represented and are at risk of losing their homes. \u0000This article argues that Alberta venue rules are somewhat responsive to the plight of defendants, but they could be revised to ensure that self-represented litigants, especially those of limited means, can participate in legal proceedings regarding their homes. Changes to the substance of the rules must be matched with changes to the practices by which these rules are invoked, because these practices create additional hurdles for the defendants.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45693701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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