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Archive For Entries On Conflict of laws

Bil’in and Yassin v. Green Park International Ltd. : Quebec Court Acknowledges War Crimes as Potential Basis for Civil Liability, Claim Ultimately Fails on Forum Non Conveniens

On September 18, the Superior Court of Quebec released its decision in the novel and intriguing case of Bil’in (Village Council) v. Green Park International Ltd., 2009 QCCS 4151. The plaintiffs sought to claim against a Quebec corporation and its sole director for participating in war crimes allegedly committed in the West Bank. However, Superior [...]

Ricci v. DeStefano: White Civil Rights?

Ricci v. DeStefano, a case concerning reverse discrimination in the form of a denial of promotions to a group of white firefighters who did disproportionately well on qualifying exams, is the United States Supreme Court’s latest decision and arguably its most important of the year. The decision sought to resolve the conflict between eradicating intentional [...]

Marriage Uncertainty in California, and A Look Back at the Road to Same-Sex Marriage in Canada

The election of President-elect Barack Obama on November 4th was a euphoric moment for socially progressive American voters. The jubilation, however, was attenuated by the simultaneous passage of anti-gay legislation in four states. California, Arizona and Florida voted to ban same-sex marriages while, in a move targeting gays and lesbians, Arkansas banned unmarried couples from [...]

R. v. S.A.C. Is Interesting No Matter How You Say It

Some jurisprudential issues are relatively unique to Canada. Canada’s legal tradition of bilingualism is notable in this regard; very few countries are required to render laws in more than one language, regardless of how many languages might be spoken in the country or even how many the government might officially recognize. (This writer’s favorite multilingual [...]

Canada v. Khadr: Technically The Right Ruling, But Realistically Not Right Enough

The Supreme Court’s decision in Canada v. Khadr, 2008 SCC 28, last week can best be described as “arms-length jurisprudence.” (A more detailed analysis of the decision from TheCourt.ca can be found here.) Although the Court found for Mr. Khadr, they did so in a manner that can only be described as tentative or even [...]

Taking a Swing at Pro Swing Inc.

Imagine being a plaintiff at the very second that a successful outcome has been announced: you feel overjoyed that the scales of justice have finally tipped in your favor and relief that the money and effort you’ve expended over the past months and years have not been in vain. You are finally free to move [...]