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More than one hundred years ago, the U.S. Supreme Court started to refer to social science evidence in its judgments. However, this has not resonated with many constitutional courts outside the United States, in particular in continental Europe. This contribution has a twofold aim. First, it...
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Judicial review cannot be established without support from the incumbent regime. The early U.S. Supreme Court exercised a great deal of caution in asserting its power because it feared the ruling Jeffersonian coalition would ignore its decisions. After enactment of the Charter of Rights and...
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This chapter considers the role jurists have in expanding the space(s) of border work, by specifically investigating the way a challenge to the Safe Third Country Agreement was taken up within Canadian courts. Using <u>Canada Council of Refugees v. Canada</u> as a case study, this chapter re-centers...
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Copyright protection of government-related materials lies at the intersection of private incentives, public interest, and political motivation. These interests naturally clash. Therefore, the justification and scope of copyright protection for such materials has been subject of intense...
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This article compares and contrasts the approach to labor arbitrators' powers and judicial review of their decisions in the United States and Canada. Although the two countries have many similarities in their labor law systems, and arbitrators play a crucial role in both, the approach to the...
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