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The Psychology of Property Law
Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of pr...
Takings International
This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.
Manitoba Law Journal: Five Decades of Chief Justices of Manitoba 2012 Volume 36(Special Issue)
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This special issue has articles from a variety of contributing authors including: Ainslie Schroeder, Alfred M. Monnin, Arnold Naimark, Bryan P. Schwartz, Darcy L. MacPherson, Jack London, Martin Freedman, Melanie R. Bueckert, Michael E. Rice, Richard J. Scott, and Samuel Freedman.
Manitoba Law Journal Volume 42:2 -- Special Issue on Chief Justice Robson (2019)
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community.
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Manitoba Law Journal: A Review of the Current Legal Landscape 2011 Volume 35(1)
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This issue has articles from a variety of contributing authors including: Beverley McLachlin, Brenlee Carrington Trepel, Bryan P. Schwartz, Darcy L. MacPherson, David Milward, Debra Parkes, Edward D. Brown, Gerald P. Heckman, Greg T. Smith, Jean-Pierre Hachey, John Irvine, Keith Lenton, Mark C. Power, Mathieu Stanton, Melanie R. Bueckert, Michel Bastarache, and Soren Frederiksen.
International Investment Protection and Constitutional Law
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
Manitoba Law Journal: A Review of the Current Legal Landscape 2015 Volume 38(1)
The Manitoba Law Journal is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. This issue has articles from a variety of contributing authors including: Alvin Esau, Bryan P. Schwartz, Catherine Bell, Darcy L. MacPherson, Darren O'Toole, David Ireland, Joan Brockman, Joshua David Michael Shaw, Marc Zanoni, Michelle Gallant, Paul Seaman, Peter McCormick, Richard Devlin, and Thomas R. Berger.
Privacy in Peril
In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter of Rights and Freedoms. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. An examination of dozens of subsequent cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the courts have used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Justice Dickson’s vision for section 8 rights have been diminished, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century.
