example dissertation law

HLS Dissertations, Theses, and JD Papers

S.j.d. dissertations, ll.m. papers, ll.m. theses, j.d. papers, submitting your paper to an online collection, other sources for student papers beyond harvard, getting help, introduction.

This is a guide to finding Harvard Law School (“HLS”) student-authored works held by the Library and in online collections. This guide covers HLS S.J.D Dissertations, LL.M. papers, J.D. third-year papers, seminar papers, and prize papers.

There have been changes in the HLS degree requirements for written work. The library’s collection practices and catalog descriptions for these works has varied. Please note that there are gaps in the library’s collection and for J.D. papers, few of these works are being collected any longer.

If we have an S.J.D. dissertation or LL.M. thesis, we have two copies. One is kept in the general collection and one in the Red Set, an archival collection of works authored by HLS affiliates. If we have a J.D. paper, we have only one copy, kept in the Red Set. Red Set copies are last resort copies available only by advance appointment in Historical and Special Collections .

Some papers have not been processed by library staff. If HOLLIS indicates a paper is “ordered-received” please use this form to have library processing completed.

The HLS Doctor of Juridical Science (“S.J.D.”) program began in 1910.  The library collection of these works is not comprehensive. Exceptions are usually due to scholars’ requests to withhold Library deposit. 

• HLS S.J.D. Dissertations in HOLLIS To refine these search results by topic or faculty advisor, or limit by date, click Add a New Line.
• Hein’s Legal Theses and Dissertations Microfiche Mic K556.H45x Drawers 947-949 This microfiche set includes legal theses and dissertations from HLS and other premier law schools. It currently includes about 300 HLS dissertations and theses.
• Hein's Legal Theses and Dissertations Contents List This content list is in order by school only, not by date, subject or author. It references microfiche numbers within the set housed in the Microforms room on the entry level of the library, drawers 947-949. The fiche are a different color for each institution.
• ProQuest Dissertations and Theses @ Harvard University (Harvard login) Copy this search syntax: dg(S.J.D.) You will find about 130 SJD Dissertations dated from 1972 to 2004. They are not available in full text.
• DASH Digital Access to Scholarship at Harvard Sponsored by Harvard University’s Office for Scholarly Communication, DASH is an open repository for research papers by members of the Harvard community. There are currently about 600 HLS student papers included. Unfortunately it is not possible to search by type of paper or degree awarded.

The Master of Laws (“LL.M.”) degree has been awarded since 1923. Originally, the degree required completion of a major research paper, akin to a thesis. Since 1993, most students have the option of writing the LL.M. "short paper."  This is a 25-page (or longer) paper advised by a faculty supervisor or completed in conjunction with a seminar.  Fewer LL.M. candidates continue to write the more extensive "long-paper." LL.M. candidates holding J.D.s from the U.S. must write the long paper.

• HLS Written Work Requirements for LL.M. Degree The current explanation of the LL.M. written work requirement for the master of laws.

The library generally holds HLS LL.M. long papers and short papers. In recent years, we require author release in order to do so. In HOLLIS, no distinction is made between types of written work created in satisfaction of the LL.M. degree; all are described as LL.M. thesis. Though we describe them as thesis, the law school refers to them solely as papers or in earlier years, essays. HOLLIS records indicate the number of pages, so at the record level, it is possible to distinguish long papers.

• HLS LL.M. Papers in HOLLIS To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

HLS LL.M. Papers are sometimes available in DASH and Hein's Legal Dissertations and Theses. See descriptions above .

The HLS J.D. written work requirement has changed over time. The degree formerly required a substantial research paper comparable in scope to a law review article written under faculty supervision, the "third year paper." Since 2008, J.D. students have the option of using two shorter works instead.

Of all those written, the library holds relatively few third-year papers. They were not actively collected but accepted by submission from faculty advisors who deemed a paper worthy of institutional retention. The papers are described in HOLLIS as third year papers, seminar papers, and student papers. Sometimes this distinction was valid, but not always. The faculty deposit tradition more or less ended in 2006, though the possibility of deposit still exists. 

• J.D. Written Work Requirement
• Faculty Deposit of Student Papers with the Library

HLS Third Year Papers in HOLLIS

To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

• HLS Student Papers Some third-year papers and LL.M. papers were described in HOLLIS simply as student papers. To refine these search results, click "Add a New Line" and add topic, faculty advisor, or course title.
• HLS Seminar Papers Note that these include legal research pathfinders produced for the Advanced Legal Research course when taught by Virginia Wise.

Prize Papers

HLS has many endowed prizes for student papers and essays. There are currently 16 different writing prizes. See this complete descriptive list with links to lists of winners from 2009 to present. Note that there is not always a winner each year for each award. Prize winners are announced each year in the commencement pamphlet.

The Library has not specifically collected prize papers over the years but has added copies when possible. The HOLLIS record for the paper will usually indicate its status as a prize paper. The most recent prize paper was added to the collection in 2006.

Addison Brown Prize Animal Law & Policy Program Writing Prize Victor Brudney Prize Davis Polk Legal Profession Paper Prize Roger Fisher and Frank E.A. Sander Prize Yong K. Kim ’95 Memorial Prize Islamic Legal Studies Program Prize on Islamic Law Laylin Prize LGBTQ Writing Prize Mancini Prize Irving Oberman Memorial Awards John M. Olin Prize in Law and Economics Project on the Foundations of Private Law Prize Sidney I. Roberts Prize Fund Klemens von Klemperer Prize Stephen L. Werner Prize

• Harvard Law School Prize Essays (1850-1868) A historical collection of handwritten prize essays covering the range of topics covered at that time. See this finding aid for a collection description.

The following information about online repositories is not a recommendation or endorsement to participate.

• ProQuest Dissertations and Theses HLS is not an institutional participant to this collection. If you are interested in submitting your work, refer to these instructions and note that there is a fee required, which varies depending on the format of submission.
• EBSCO Open Dissertations Relatively new, this is an open repository of metadata for dissertations. It is an outgrowth of the index American Doctoral Dissertations. The aim is to cover 1933 to present and, for modern works, to link to full text available in institutional repositories. Harvard is not one of the institutional participants.
• DASH Digital Access to Scholarship at Harvard

Sponsored by Harvard University’s Office for Scholarly Communication, this is an open repository for research papers by members of the Harvard community. See more information about the project. 

Some HLS students have submitted their degree paper to DASH.  If you would like to submit your paper, you may use this authorization form  or contact June Casey , Librarian for Open Access Initiatives and Scholarly Communication at Harvard Law School.

• ProQuest Dissertations and Theses (Harvard Login) Covers dissertations and masters' theses from North American graduate schools and many worldwide. Provides full text for many since the 1990s and has descriptive data for older works.
• NDLTD Networked Digital Library of Theses and Dissertations Union Catalog Worldwide in scope, NDLTD contains millions of records of electronic theses and dissertations from the early 1900s to the present.
• Law Commons of the Digital Commons Network The Law Commons has dissertations and theses, as well as many other types of scholarly research such as book chapters and conference proceedings. They aim to collect free, full-text scholarly work from hundreds of academic institutions worldwide.
• EBSCO Open Dissertations Doctoral dissertations from many institutions. Free, open repository.
• Dissertations from Center for Research Libraries Dissertations found in this resource are available to the Harvard University Community through Interlibrary Loan.
• British Library EThOS Dissertation source from the British Library listing doctoral theses awarded in the UK. Some available for immediate download and some others may be requested for scanning.
• BASE from Bielefeld University Library Index of the open repositoris of most academic institutions. Includes many types of documents including doctoral and masters theses.

Contact Us!

  Ask Us!  Submit a question or search our knowledge base.

Chat with us!  Chat   with a librarian (HLS only)

Email: [email protected]

 Contact Historical & Special Collections at [email protected]

  Meet with Us   Schedule an online consult with a Librarian

Hours  Library Hours

Classes  View  Training Calendar  or  Request an Insta-Class

 Text  Ask a Librarian, 617-702-2728

 Call  Reference & Research Services, 617-495-4516

• Last Updated: Sep 12, 2023 10:46 AM
• URL: https://guides.library.harvard.edu/studentpapers

Harvard University Digital Accessibility Policy

Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

Ask a librarian:

Reference Hours:

Monday - Friday: 9am-5pm

(812) 855-2938

Q&A Form

About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

How to Write a First Class Law Dissertation – Complete Guide

• November 18, 2010

“Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments”.

Below is my honours law dissertation together with tips and a very special video from an ex-Cambridge professor at the end. Enjoy!

And if you have any legal blog posts you’d like to share (whether after you have submitted your dissertation or before), please get in touch – our goal is to help share great legal information online to improve legal understanding and access to justice around the world.

And see also our lists of The Best Law Schools in the World and  Top 10 Law Schools in the UK that aspiring law students may find of interest.

How to write a first class legal dissertation: Content and Structure

Three tips can be suggested to get you started on the right foot:

First, research the subject in which you are most interested in writing about for your dissertation, then choose a sufficiently narrow angle to approach the subject or choose something that hasn’t been discussed much before.

Second, collect, or print out or photocopy all relevant materials which discuss that narrow subject.

Third, plan rough headings for sub-topics within the main subject. While the contents below were finalised towards the end of the writing process, the rough structure was formulated at an early point in the writing process. This is how many academics write their books: they provide themselves with lots of headings and subheadings, then chip away at the work, bit by bit until complete.

Examples contents for “Protection of the Right to a Fair Trial and Civil Jurisdiction: Permitting Delay, Restricting Access and Recognising Incompatible Judgments” are as follows:-

1. INTRODUCTION

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL

2.1. Substantive Elements 2.2. Procedural Operation: Direct and Indirect Effect 2.3. The Human Rights Act 1998

3. REASONABLE TIME

3.1. Introduction 3.2. Framework under Article 6 3.3. Conflict with Lis Pendens: Erich Gasser 3.3.1. Delay in the Italian Court 3.3.2. A Clash of Treaties 3.3.3. Future Application 3.4. Conflict with Forum non Conveniens 3.4.1. General Operation 3.4.2. First Limb of Spiliada 3.4.3. Second Limb of Spiliada 3.5. Conclusions

4. ACCESS TO A COURT

4.1. Operation in Article 6 4.2. Anti-Suit Injunctions 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights 4.4. Limitations on Jurisdiction 4.5. Conflict with Forum non Conveniens 4.6. Owusu v Jackson 4.7. Conclusions

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

5.1. Recognition of Contracting State Judgments 5.2. Recognition of Non-Contracting State Judgments 5.2.1. European Court of Human Rights 5.2.2. House of Lords 5.4. Conclusions

6. CONCLUSIONS

7. BIBILIOGRAPHY

7.1. Table of Cases 7.2. Table of Legislation 7.3. Table of Conventions 7.4. Textbooks 7.5. Articles

Writing your introduction

Together with the conclusion, the introduction is one of the most significant pieces of a dissertation that you have to get right. A well-written introduction can make all the difference between a first class and an upper second.

If you take just one thing away from this series of posts, it is this. You can develop a better stream of communication with your reader, forming a better relationship, if you tell them what you are going to say (introduction), say it (main body), then tell them what you have said (conclusion).

So, to the introduction, set the scene as fast as possible then tell the reader what you are going to say, but don’t be so amateurish as to write “I am going to discuss X, Y and Z”. Be more indirect. Suggest, for instance, that there are problems with the law that need to be resolved.

1. INTRODUCTION Long since inevitable initial encounters, human rights concerns, particularly regarding the right to a fair trial under Article 6 of the European Convention of Human Rights (ECHR), have been accelerating in today’s civil jurisdiction and judgments arena in the United Kingdom, a notable consequence of the passing of the Human Rights Act (HRA) 1998. More than six years from the Act’s coming into force, it is now imperative to reach conclusions which reflect the “importance attaching in today’s world and in current international thinking and jurisprudence to the recognition and effective enforcement of individual human rights,” as Mance LJ (as he then was) has noted. This necessity is reflected in the recent extensive consideration of the right to a fair trial in key works of some of the most authoritative conflict lawyers in the United Kingdom, including Sir Lawrence Collins, Professor Adrian Briggs and, most significantly, Professor James Fawcett. Methods of protecting the right to a fair trial and thus of avoiding a breach of Article 6 are irrelevant to the European Court of Human Rights (ECtHR); the Court is not concerned with reviewing under the Convention in abstracto the law complained of, but rather the application of that law. There is therefore a large amount of discretion afforded to the courts regarding techniques to avoid infringement of the Convention. In the context of civil jurisdiction and judgments, various methods of avoiding infringement, or indeed enabling protection, of the right to a fair trial exist. However, the extent to which these have been used in practice, both by the UK courts and the ECJ, has been limited, a result of various factors, the most striking of which being the wrongful application of the ECHR and even the conscious decision to ignore it. Before analysing specific fair trial concerns in detail, it is necessary to examine the general structure and operation of Article 6 as it applies to civil jurisdiction and judgments.

Chapter 1: Setting the scene

Depending on the nature of your dissertation, you may need to set the scene further. In a legal dissertation, by “scene” is meant the bits of law that are relevant to set up key arguments in the main body of the dissertation. With this example dissertation, the target readership was, for various reasons, international private law experts. Because human rights law was a key part of the debate, the relevant law had to be set out in such detail that the chapters following it could discuss, for instance, the right to a fair trial and the doctrines of direct and indirect effect without any need for constant repetitive explanation.

2. ARTICLE 6: THE RIGHT TO A FAIR TRIAL 2.1. Substantive Elements Article 6(1) ECHR provides inter alia that “[i]n the determination of his civil rights and obligations…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law….” The ECtHR has reverberated that “the right to a fair administration of justice holds such a prominent place” that Article 6 should not be interpreted restrictively. Instead, the seemingly distinct provisions of Article 6 are not discrete, but are “rights which are distinct but stem from the same basic idea and which, taken together, make up a single right not specifically defined in the narrower sense of the term.” This single right is the title of Article 6: the “right to a fair trial.” This right comprises two particularly significant elements important in the context of civil jurisdiction and judgments. First, the right to a trial within a reasonable time. Expressly stated in Article 6(1), this right may be pertinent where proceedings are stayed in favour of a foreign court. Second, access to a court, an inherent element of Article 6(1). This may have relevance where access is denied to the UK courts through, for example, staying proceedings, or restraining foreign proceedings. 2.2 Procedural Operation: Direct and Indirect Effect Article 6 can operate through a number of mechanisms in the civil jurisdiction and judgments context, which must be distinguished for analytical purposes. First, through direct effect, where there is direct protection of a party’s right to a fair trial in the domestic courts themselves. Such protection is strong and somewhat easier to obtain because there is no test for the seriousness of the breach. Such infringement may occur through a refusal of access to the UK courts, which refusal may emanate from, inter alia, an exclusion of jurisdiction or stay of proceedings. Second, through indirect effect, where a person is transferred to another country where his right to a fair trial may be infringed in that country. In Soering v United Kingdom the ECtHR emphasised that it was for Member States to secure Convention rights of persons within their jurisdiction, but that this obligation did not extend to non-Contracting States, nor should it seek to impose ECHR standards on such States. Thus, for example, in respect of deportation of a person to the United States of America from England, there may be an indirect breach of Article 6, but only where the transfer creates or risks creating a flagrant breach of the claimant’s right to a fair trial in that other country. In presenting an argument for the creation of such risk, it is axiomatic that a strong compilation of evidence is essential, with reference to the circumstances of both the case and proceedings of the court in question. The difficulty with such an argument in the civil jurisdiction sphere is that stays of proceedings concern transfers of actions abroad, not persons. Notwithstanding, arguments for the application of the indirect effect doctrine in this context are still applicable because the situations are “essentially the same.” Indeed, it could be argued that staying proceedings amounts to a transfer of persons through effective compulsion. Nevertheless, no authority exists for this argument and indeed the indirect effect doctrine itself has not been successfully relied upon in an Article 6 context before the (former) Commission or ECtHR. Third, through indirect effect where enforcement in a Contracting State of a judgment from a foreign State, whether Contracting or non-Contracting, would breach Article 6 because that judgment itself breached Article 6 standards. It has been stated that such a breach by the foreign court must also be a flagrant one. However, the reasoning underlying this proposition is unclear and, as with many matters in the civil jurisdiction and judgments sphere, there are concerns as to the extent to which the right to a fair trial can be upheld in this respect. 2.3 The Human Rights Act 1998 The Convention rights, including Article 6, now have the force of law in the United Kingdom under the HRA 1998. The Act places two initial express duties on the UK courts: first, the duty to read and give effect to primary and subordinate legislation in a way compatible with the Convention rights, if possible; second, the duty to take into account inter alia any previous judgment of the ECtHR in determining proceedings which have a Convention right element, insofar as it has relevance to those proceedings. Moreover, under Section 6(1) of the HRA 1998, it is unlawful for a public authority, including a court, to act in a way incompatible with a Convention right. This is a significant duty on the courts, which indeed sparked considerable academic debate as to the Act’s impact on private commercial disputes. Thus, the courts have a duty to interpret and apply the common law or any exercise of discretion compatibly with the right to a fair trial under Article 6. Ultimately, this may amount to a positive duty to develop the common law, extending beyond mere interpretation of the common law to conform to the Convention principles. Notwithstanding this rather stringent theoretical framework for the courts upholding the right to a fair trial, there has been a lack of consistency in its practical impact in the field of civil jurisdiction and judgments. Endnotes *Converting c300 footnotes on a Microsoft Word document to a WordPress post is not feasible for this blawgger. They are, therefore, pasted below as endnotes. The full dissertation is available in the Juridical Review, vol 1 of 2008 pp15-31 Delcourt v Belgium (1979-80) 1 EHRR 355, at [25]; indeed, the principles of due process and the rule of law are fundamental to the protection of human rights (Clayton and Tomlinson: 2000, p550,) just as a fair trial is a fundamental element of the rule of law (Ovey and White: 2002, p139.) Golder v. United Kingdom [1975] ECHR 1, at [28]. Ibid., at [36]. Such cases can be labelled “domestic” ones: Government of the United States of America v Montgomery (No 2) [2004] UKHL 37, at [15], per Lord Bingham. R (Razgar) v Special Adjudicator [2004] AC 368, at [42]. Soering v United Kingdom (1989) 11 EHRR 439. Ibid., at [113]; this test has been followed subsequently: e.g. Einhorn v France (no.71555/01, 16 October 2001) at [32], Tomic v United Kingdom (no.17837/03, 14 October 2003) at [3]. Fawcett; 2007, p4. Ibid. Montgomery (n12); Drozd and Janousek v France and Spain (1992) 14 EHRR 745, p795; cf. Pellegrini v Italy [2001] ECHR 480. HRA 1998, s3(1). Ibid., s2(1)(a); such previous decisions are not binding; notwithstanding, as Lord Slynn observed in R (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 at [26]: “[i]n the absence of some special circumstances it seems to me that the court should follow any clear and constant jurisprudence of the [ECtHR].” Ibid., s6(3)(a). Wade: 2000; Lester and Pannick: 2000. Such discretion should be “exercised with great caution and with close regard to the overall fairness of the proceedings”: R v Jones [2003] AC 1, at [6], per Lord Bingham. HL Deb vol.583, p783 (24 November 1997); Grosz, Beatson and Duffy: 2000, para.4.56; cf.. Derbyshire CC v Times Newspapers Ltd [1992] QB 770. Grosz, Beatson and Duffy: 2000, para.4.59.

Main Body Part 1

Next follows the first main chunk discussing and debating the title of the dissertation. To maintain structure, even this sub-section of the dissertation has its own introduction, some degree of scene-setting with Art 6 in the particular context of the chapter, argument through various levels and conclusions.

3. REASONABLE TIME 3.1. Introduction It has been stated that “excessive delays in the administration of justice constitute an important danger, in particular for the respect of the rule of law” and for the legal certainty of citizens. This importance is reflected in the express protection of the reasonable time requirement in Article 6. There have been recent challenges in the civil jurisdiction context on this ground, the most significant of which being raised in Erich Gasser GmbH v Misat Srl, concerning conflict with lis pendens. A further instance, the common law doctrine of forum non conveniens has been suggested to be so incompatible, which would therefore have implications for the doctrine in its now very limited common law habitat. 3.2. Framework under Article 6 In civil cases, time starts to run when the proceedings are instituted and stops when legal uncertainty has been removed, which normally requires that the final appeal decision has been made or the time for making an appeal has expired. It is generally accepted that the correct approach is to decide whether the overall delay is prima facie “unreasonable” for the type of proceedings concerned and thereafter consider whether the State is able to justify each period of delay. In assessing such justification, the limited guidelines indicate that all the circumstances will be considered, with particular regard to the complexity of the case and the conduct of the applicant and judicial authorities in addition to the behaviour of other parties to the case and what is at stake in the litigation for the applicant. Generally, where proceedings are stayed, there are three stages which must be distinguished for determining delay. First, the proceedings before the domestic court. Any unjustifiable delay at this point would amount to a direct breach of Article 6. Second, the transfer of proceedings to the foreign court. Delay at this stage would be less justifiable where, for instance, there was known to be a heavy backlog of cases. Notwithstanding, the “normal lapses of time stemming from the transfer of the cases” are not to be regarded as unjustified. Third, the proceedings before the foreign court. At the second and third stages, although any unreasonable delay by the foreign court will amount to a direct breach by that court, there could also be an indirect breach by the domestic court, but only to the extent that the party suffered, or risked suffering, a flagrant breach. Endnotes Committee of Ministers of the Council of Europe, Resolution DH (97) 336, 11 July 1997. Fabri and Langbroek: 2003, p3. C-116/02 [2005] QB 1. Opinion of AG Léger in Owusu v Jackson C-281/02 [2005] QB 801 at [270]. A sist by the Scottish courts through forum non conveniens can be made where jurisdiction is founded on Art.4 of the Judgments Regulation or Convention: Collins et al: 2006, para.12-023. Moreover, a sist can be made on the ground that the courts of England or Northern Ireland are the forum conveniens, because intra-UK jurisdiction can be so settled: Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times, 8 June 1995; Collins: 1995. Scopelliti v Italy (1993) 17 EHRR 493, at [18]. Vocaturo v Italy [1991] ECHR 34. E.g. fewer than six years for a reparation action (Huseyin Erturk v Turkey [2005] ECHR 630.) Clayton and Tomlinson: 2000, p654; Harris, O’Boyle and Warbrick: 1995, p229. Eckle v Germany (1983) 5 EHRR 1, at [80]; an obvious consideration being delay in commencing proceedings. Buchholz v Germany [1981] ECHR 2, at [49]. Foti v Italy (1982) 5 EHRR 313, at [61]. Zimmermann and Steiner v Switzerland [1983] ECHR 9; Guincho v Portugal [1984] ECHR 9; cf. Buchholz (n36), at [61], where the backlog was not reasonably foreseeable; exceptional circumstances were taken into account in Foti (n37) as a result of troubles in Reggio Calabria, which impacted proceedings in the courts in Potenza, to which cases had been transferred. Foti (n37), at [61]. Soering (n14) at [113].

Having set the scene, it is time to delve straight into comment and opinion, drawing on relevant facts and law where required. Where possible, suggest ways in which events or decisions could have been improved and do not be afraid to say that commentators, judges or even powerful institutions, like the ECJ, got it wrong.

3.3. Conflict with Lis Pendens: Erich Gasser Erich Gasser v MISAT concerned the validity of a choice-of-court agreement in favour of the Austrian courts where one party had first seised the Italian courts by way of negative declaration. Second seised, the Austrian Court sought a reference from the ECJ on, inter alia, whether it must stay its proceedings under lis pendens where the proceedings in the court first seised generally take an unreasonably long time, such that there may be a breach of Article 6. Both the claimant and the intervening UK Government invoked the ECHR, arguing that Article 21 of the Brussels Convention should be interpreted in conformity with Article 6 ECHR to avoid excessively protracted proceedings, given that proceedings in Italy were likely to take an unreasonably long time. Through this interpretation, it was argued that Article 21 should not be applied if the court first seised had not determined its jurisdiction within a reasonable time. In a very short response, the ECJ effectively said that the ECHR did not apply because first, it is not expressly mentioned in the Brussels Convention and second, there is no room for it in a collection of mandatory rules underpinned by mutual trust between Contracting States. 3.3.1. Delay in the Italian Court However, it may be seen that the stay de facto risked at least a standard breach in the Italian court. The Italian courts have been held in breach of Article 6 a staggering number of times because of unreasonable slowness. The existence of these breaches amounted to a practice incompatible with the ECHR and produced the notoriety of the Italian legal system as “the land that time forgot.” Indeed, the practice of seising the Italian courts first by way of negative declaration has become known as instituting an “Italian torpedo,” which may succeed in delaying proceedings substantially even where the Italian courts have no jurisdiction. It has already been noted that evidence is crucial in determining a real risk of a breach of Article 6. Instead, in Gasser, human rights arguments were based upon a general breach of the reasonable time requirement in Italian courts. Moreover, no ECtHR case law was relied upon when so arguing, nor was mention made of previous breaches. Therefore, a very weak argument, if any, was laid before the ECJ in respect of a risk of a breach. In effect, the ECJ was being asked something tantamount to whether there should be an exception to Article 21 in respect of certain Member States, a question justifiably answered in the negative. However, if the arguments had been more focussed, concentrating on the present case, with evidence to show the likelihood of breach in the Tribunale civile e penale di Roma, then the ECJ may have been more persuaded by Article 6 considerations, as Fawcett suggests. Notwithstanding previous delays, efforts have been made to reduce the backlog of cases. This is somewhat owing to Article 13 ECHR, which requires Contracting States to provide persons with an effective national remedy for breach of a Convention right. Such domestic remedies assist in reducing further breaches and ultimately reduce the need for the indirect effect doctrine. Thus, the Italian “Pinto Act” was passed, providing a domestic legal remedy for excessive length-of-proceedings cases. The existence of this remedy may have gone towards justifying application of Article 21, which indeed was one of the questions referred to the ECJ by the Austrian Court, although unanswered. 3.3.2. A Clash of Treaties Nevertheless, given that the ECJ so held that Article 6 considerations were irrelevant, there may be further legal implications, particularly for the Austrian Court which was required to stay its proceedings under the Brussels Convention. If this stay created or risked creating a flagrant breach of the reasonable time requirement in the Italian Court, Austria may itself have breached Article 6 indirectly. Such an indirect breach is clearly not justifiable on the ground that Austria is party to the Brussels Convention or Regulation made under the European Treaties. Hence, the judgment may lead to a clash between the ECHR and Brussels Convention or Regulation. This in turn raises the questions of how and to what extent the Brussels Convention or Regulation could have been interpreted to give effect to Article 6. Formerly Article 57 of the Brussels Convention, Article 71 of the Brussels Regulation provides inter alia that “(1) [t]his Regulation shall not affect any conventions to which the Member States are parties and which in relation to particular matters, govern jurisdiction or the recognition of judgments.” Although the ECHR is not prima facie a Convention governing jurisdiction, all Member States are party to it and Article 6 contains the inherent right of access to a court. Thus, as Briggs and Rees argue, this may have application where a court with jurisdiction is prevented from exercising that jurisdiction in a manner compatible with the ECHR. Therefore, in Gasser Article 71 may have been applied to allow Austria to act in accordance with its obligations under the ECHR. This approach is complemented by Article 307 (ex 234) EC such that Article 21 or 27 of the Brussels Convention or Regulation respectively can be overridden by a Convention previously entered into, including the ECHR. Further, this conclusion is even more realistic in light of the jurisprudence of the ECJ, which is peppered with notions of protection for fundamental rights, and the express protection of these rights in Article 6(2) EC. Instead of even contemplating such an outcome, the ECJ showed that it was prepared to ignore a significant international convention. Perhaps, in addition to mutual trust between Contracting States, mutual recognition of international conventions should have been considered, especially due to the express provisions permitting such consideration. Endnotes Those having a duration of over three years: Gasser (n28), at [59]. At [71]-[73]. See Ferrari v Italy [1999] ECHR 64, at [21]. Ferrari (n46), at [21]; Article 6 imposes on the Contracting States the duty to organise their judicial systems in such a way that their courts can meet the requirements of the provision (Salesi v Italy [1993] ECHR 14, at [24].) Briggs and Rees: 2005, Preface to the Fourth Edition, p.v. Messier-Dowty v Sabena [2000] 1 WLR 2040. Franzosi: 1997, p384. Transporti Castelletti v Hugo Trumpy, C-159/97, [1999] ECR I-1597. Supra p4. Opinion of A.G. Léger in Gasser, at [88]. When Gasser came before the ECJ, there was already a delay in Italian proceedings of 3½ years in determining jurisdiction. Fawcett: 2007, p15. Kudla v Poland [2000] ECHR 512. Fawcett: 2007, p4. Law no.89 of 24 March 2001. However, even this has breached Article 6(1): Riccardo Pizzati v Italy [2006] ECHR 275, at [66]; Mance suggests that the Act only partially solved if not repatriated the ECtHR’s overwhelming number of claims in this respect (Mance: 2004b, p357.) Notwithstanding, since 1999, there has been a trend of continuous breach, the ECtHR having adopted more than 1,000 judgments against Italy (Riccardo Pizzati, at [66].) As Briggs and Rees note, the ECHR “might as well have been part of the law of Mars for all the impact it had.” (Briggs and Rees:2005, para.2.198.) Soering (n14), at [113]. Matthews v United Kingdom [1999] ECHR 12. Hartley: 2005b, p821 n35; the most important example of a conflict of treaties: Hartley: 2001, p26. Briggs and Rees: 2005, para.2.38. An approach recognised by both Mance (Mance: 2004a, paras.6-7) and Hartley (Hartley: 2005a, p383.) ERT v DEP C-260/89 [1991] ECR I-2925, at [41]; “Bosphorus Airways” v Ireland (2006) 42 EHRR 1,at [73]; particularly for Article 6: Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1, at [121].

Tip: Suggest Improvements for the Future

It may be that, in the course of the research for your dissertation, you discover previous decisions and actions that may happen again in the future. You may want to suggest that there is such a risk in the future and that there are ways in which that risk can be guarded against. You may also want to state challenges with implementing such safeguards. For instance, in the below section, there is comment that the ECJ is, sometimes, so myopic that its stance won’t budge.

3.3.3. Future Application The ECtHR has held that a failure by a national court to make a preliminary reference to the ECJ could be a breach of Article 6 ECHR in certain circumstances. Thus, it is arguable that where similar facts to Gasser arise again, the domestic court may have to make a reference to the ECJ, and in doing so, show cogent evidence of the risk of a flagrant breach, unlike that presented to the ECJ in Gasser. In this context, the ECJ will have another chance to take human rights seriously, with the opportunity to apply Article 307 EC complementing Article 71 of the Brussels Regulation and jurisprudence both of the ECJ and ECtHR. Notwithstanding, given the ECJ’s swift dismissal of human rights concerns in Gasser in favour of the inflexible system of lis pendens, it appears unlikely that it would permit exception in the future. For the ECJ legal certainty under the Brussels regime is clearly more significant than legal certainty either through party autonomy under jurisdiction agreements or through the right to a fair hearing within a reasonable time. As Merrett notes, “[t]he ECJ simply does not see questions of jurisdiction as being concerned with private rights at all,” a stance which will need to change, particularly in light of the pressing atmosphere of today’s human rights culture. Endnotes Soc Divagsa v Spain (1993) 74 DR 274. Legal certainty is perhaps more significant under the Brussels Regulation, particularly illustrated by the addition of Article 30. Cf. A.G. Léger in Gasser, at [70]. Merrett: 2006, p332. Hartley notes that this is perhaps not surprising given that the ECJ is more concerned with public law, and as such, should be expected to give more weight to State interests, rather than the interests of private parties (Hartley: 2005b, pp814-815.)

Take a proposition that has never been discussed and debate it

Another thing that truly separates a first class dissertation from a second class one is discussion of ideas and issues that have never before been discussed. The following is an example of such a proposition and discussion, all of which stemmed from one footnote in an academic article that said a certain proposition “had never been discussed before in the courts of the UK”. Finding this loophole was essential to the dissertation’s success.

3.4. Conflict with Forum non Conveniens An export of Scots law, forum non conveniens was accepted into English law in Spiliada Maritime Corporation v Cansulex Ltd, becoming indistinguishable from Scots law. Under the Spiliada test, there are two stages: first, the defendant must show that there is some other available forum which is clearly more appropriate for the trial of the action, upon which a stay will ordinarily be granted; second, upon the first stage being satisfied, it is for the claimant to show, through cogent evidence, that justice requires that a stay should not be granted. Advocate General Léger has suggested explicitly that the forum non conveniens doctrine, as operating under this Spiliada test, may be incompatible with Article 6, given that the steps involved for the claimant in its application “have a cost and are likely considerably to prolong the time spent in the conduct of proceedings before the claimant finally has his case heard.” Although the UK courts have never discussed this proposition, there is a potential that forum non conveniens is indeed incompatible with the reasonable time requirement in Article 6. 3.4.1. General Operation Since the place of trial is decided through the exercise of judicial discretion, it is axiomatic that additional cost and time will be incurred in the domestic court, which may appear somewhat inappropriate in light of the parties having to “litigate in order to determine where they shall litigate.” Notwithstanding, given that the same forum will rarely be in the best interests of all parties, particularly highlighted by different choice of law rules, choice of forum is of crucial importance and rightfully so contested. In this respect alone, the time and cost involved may be justified. Moreover, it should be noted that it is the defendant who asks for a stay, thus incurring additional expenses, which expenses he might be expected to pay. Application for a stay is usually, and perhaps ought to be, made early. Procedural time-limits are set for such an application, despite the court retaining its discretionary power to stay proceedings. Notwithstanding, the longer an application is left, the greater the threat of the proceedings not being aborted as a matter of judicial reluctance. Moreover, if Lord Templeman’s view that submissions should be measured in hours not days with the rarity of appeals holds true, such time and expense should be contained to a minimum. This can be contrasted with the American experience of the doctrine, where forum non conveniens can produce forum battles that can last for years, such that the doctrine may even be labelled a “delaying tactic.” 3.4.2. First Limb of Spiliada As noted, there are various circumstances which can justify delay under Article 6. In assessing the complexity of a case, consideration is given to the number of witnesses , the need for obtaining expert evidence and the later intervention of other parties. It can be seen that these factors mirror the appropriateness factors considered under the first limb of the Spiliada test. Thus, in Lubbe v Cape Industries Plc the emergence of over 3,000 new claimants gave greater significance to the personal injury issues, the investigation of which would involve a cumbersome factual inquiry and potentially a large body of expert evidence, such that South Africa was rightfully identified as the most appropriate forum under the first limb of Spiliada. Moreover, in Spiliada, similar litigation had already taken place over another vessel, the Cambridgeshire, such that the proceedings would be more appropriate in England. Termed the “Cambridgeshire factor,” it is persuasive where advantages of “efficiency, expedition and economy” would flow naturally from the specialist knowledge gained by the lawyers, experts and judges in the related proceedings. However, successful use of this factor has been extremely rare. Although conveniens means “appropriate”, not “convenient”, considerations of convenience and expense are still relevant. Thus, in both The Lakhta and The Polessk , a stay was granted because the dispute could be resolved more appropriately in the Russian Court at far less expense and far greater convenience for those involved, in light of, inter alia, the availability of witnesses and other evidence. Further, speed of a trial itself may be decisive in balancing appropriateness factors. For example, in Irish Shipping Ltd v Commercial Union, although the courts of both England and Belgium were appropriate, the dispute could be resolved more quickly in the English court given the more complex position of the plaintiff’s title to sue under the governing law in Belgium; therefore a stay of the English proceedings was refused. Moreover, the availability of an early trial date is material in determining the most appropriate forum ; indeed, “speedy justice is usually better justice.” It can therefore be seen that the factors considered in the first limb of the Spiliada test reflect the justifications for delay under the reasonable time requirement of Article 6(1) and indeed consideration of these factors may result in an overall speedier trial. Hence, determining whether or not to apply the forum non conveniens doctrine is more than justifiable. Further, it is worth considering whether delay by the foreign court itself can be avoided. Endnotes Sim v Robinow (1892) 19 R 665. [1987] AC 460. Crawford and Carruthers: 2006, pp157-158. Spiliada (n13), pp474-477. Opinion of A.G. Léger in Owusu (n29), at [270]. Hare perceives that paragraph 42 of Owusu is “strangely reminiscent” of A.G. Léger’s suggestions: Hare: 2006, p172 n.96. Fawcett; 2007, p9. Slater: 1988, p554; Robertson: 1987, p414; Zhenjie: 2001, p157. Cf. Spiliada (n72), p464 per Lord Templeman. Crawford and Carruthers: 2006, p157. Bell: 2002, paras.2.40-2.42, 2.58. Svantesson: 2005, pp411-412. Briggs and Rees: 2002, p220. Despite potential for re-application: Owens Bank Ltd v Bracco [1992] 2 AC 433, p474. E.g. in England, CPR Part 11. Ibid., r.3.1(2)(f). Briggs and Rees: 2005, pp324-325. Spiliada (n72), p465. E.g. Lacey v Cessna Aircraft (1991) 932 F.2d 170. Green: 1956, p494. Supra p8. Andreucci v Italy [1992] ECHR 8. Wemhoff v Germany (1968) 1 EHRR 55. Manieri v Italy [1992] ECHR 26. [2000] 1 WLR 1545. [2000] 2 Lloyd’s Rep. 383, p391; however, a stay was not granted because substantial justice could and would not be done in the South African forum under the second limb of Spiliada, see infra p25. Spiliada (n72), p469. Ibid., p486. Collins et al: 2006, para.12-030 n.34. The Atlantic Star [1974] AC 436, p475; Spiliada (n72), pp474-475. Hill: 2005, para.9.2.23; wastage of cost is an important consideration in granting a stay, whether under forum non conveniens or not (Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175.) [1992] 2 Lloyd’s Rep 269. [1996] 2 Lloyd’s Rep 40. [1991] 2 QB 206. Ibid., p246. Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35. Ibid., at [14]

Develop that new debate and get creative

As noted in the previous post, one of the most important breakthroughs in writing your dissertation can come from spotting a gap where something has not yet been discussed. Once writing to fill that gap, it may be helpful to ask yourself what other angles there are to the debate. Or think about if the matter went to an official debate or, for law dissertations, to court. Think about creative arguments that an advocate might run and try to develop them yourself. Such development can lead to your getting a first rather than a 2:1.

3.4.3. Second Limb of Spiliada Delay in the foreign forum is a fundamental consideration when determining the interests of justice at the second limb of the Spiliada test and may even be decisive if the anticipated delay is excessive. An example pertinent to justification under Article 6(1) is The Jalakrishna, where a delay of five years was anticipated if the case was tried in India, such that the claimant would be prejudiced given his need for financial assistance in light of his critical injuries in an accident. Thus, a stay was not granted, showing respect for both a potential delay itself and what was at stake for the claimant. Notwithstanding, such cases are rare. For example, in Konamaneni v Rolls-Royce Industrial Power (India) Ltd, Collins J (as he then was) recognised that the Indian legal system had made attempts to reduce its backlog of cases, such that in the absence of sufficient evidence of an anticipated delay, it would indeed be a “substantial breach of comity to stigmatise the Indian legal system in that way,” somewhat reflecting the principle that the claimant must “take [the appropriate] forum as he finds it.” Indeed, one of the major advantages of the forum non conveniens doctrine is that it offsets the judge’s tendency to grab as many cases as he can and it respects the valuable international private law principle of comity. As Lord Diplock stated in The Abidin Daver, “judicial chauvinism has been replaced by judicial comity.” However, the interests of States cannot always be reconciled with private party rights. When considering whether to stay proceedings, in light of Article 6, the interests of States should yield to the interests of private parties. Thus, if evidence is sufficient to show a real risk of a flagrant breach in the foreign forum, as was not presented in Gasser, a stay should not be permitted. Again mirroring reasonable time justifications under Article 6, additional considerations of what is at stake in the litigation may arise and authorities may have to exercise exceptional diligence in the conduct of certain cases. An ECtHR case, X v France shows that where a person sought compensation following infection with the AIDS virus, what was at stake was of crucial importance in determining the reasonableness of the length of proceedings. What is at stake will be relevant and probably decisive following a stay of proceedings under forum non conveniens, as The Jalakrishna shows. Notably, in Owusu v Jackson, where forum non conveniens was not permitted, what was at stake for Owusu was significant as he was rendered tetraplegic through his accident. It can therefore be seen that forum non conveniens takes a pragmatic approach to preventing foreseeable unreasonable delays under the second limb of Spiliada. Not only does this further justify operation of the doctrine under Article 6(1) through direct effect, it also greatly restricts, if not eliminates, the possibility of an indirect breach by the domestic court, given that the risk of a flagrant breach of the right to a fair trial is a fundamental factor of the interests of justice. Notwithstanding, herein there are still concerns in light of Professor Fawcett’s suggestion that a hybrid human rights/international private law approach should be taken such that Article 6 concerns should be identified first, taking into account ECtHR jurisprudence, and thereafter it should be for the flexible second limb of Spiliada to apply to resolve these issues. Fawcett concedes that the same result will be achieved in most cases, yet suggests that there may be borderline cases where this solution would work better and human rights concerns will have been taken more seriously. However, this need for procedural restructuring of judicial reasoning is arguably not wholly convincing, particularly given that the indirect effect doctrine under Soering requires a flagrant breach of Article 6, not merely a standard breach; it is therefore difficult to imagine the existence of any “borderline” cases as such. Moreover, in the cases of potential flagrant breaches, the interests of justice principle has been shown to be flexible enough to prevent stays which may breach Article 6 indirectly, regardless of the classification of the delay as a breach of human rights or otherwise. In this respect, it is arguable that the international private law case law could be adequately relied upon. Nevertheless, initial consideration of ECtHR jurisprudence may have more importance than in providing a mere procedurally attractive measure; it may guide and influence those who fail to see the pressing importance of human rights today and will at least effect compliance with the Section 2 of the HRA 1998 which demands that such jurisprudence be considered wherever Convention rights are in issue. Endnotes The Vishva Ajay [1989] 2 Lloyd’s Rep 558, p560; Chellaram v Chellaram [1985] 1 Ch 409, pp435-436; cf. The Nile Rhapsody [1992] 2 Lloyd’s Rep 399,pp413-414, where Hirst J gave “minimal weight to the delay factor” upon direction by the appellate courts. [1983] 2 Lloyd’s Rep. 628. Hill: 2005, para.9.2.38. [2002] 1 WLR 1269. Ibid., at [177]. Connelly v RTZ Corpn plc [1998] AC 854, p872. [1984] AC 398. Ibid., p411. A and others v Denmark [1996] ECHR 2, at [78]. [1992] ECHR 45. [1983] 2 Lloyd’s Rep.628. (n29). Notwithstanding, the ECJ’s taking 2¾ years to produce its judgment did not go towards acknowledging the express request by the English Court of Appeal to provide reasonably quick compensation. Of course, time taken for a required preliminary reference from the ECJ is entirely justified under Article 6 (Pafitis v Greece (1999) 27 EHRR 566, at [95].) Fawcett: 2007, pp36-37. Such that length-of-proceedings cases (see supra pp.7-8) should be consulted in the context of unreasonable delay. (n14).

Put your foot in the icy water: Don’t be afraid to come to powerful conclusions

A dissertation that is written with balanced conclusions is a boring one. Reasoned opinion is important. Nothing would get done in this world if we said “X is right, but Y is equally right, so let’s just leave things the way they are”. Sitting on the fence may well get you a good upper second class award but there is little chance of it getting you a first. A certain English teacher, Sandra MacCallum, at Kyle Academy once taught that, sometimes, “you’ve got to put your foot into the icy water”. Don’t be afraid to come to powerful conclusions. Hopefully the below example, with a reasonable, opinionated attack on the ECJ’s lack of respect for the common law principles of the Scottish export doctrine forum non conveniens, illustrates the significance of this suggestion.

3.5. Conclusions It is perplexing that in Owusu Advocate General Léger, and perhaps indirectly the ECJ, suggested that applying forum non conveniens may be incompatible with the “reasonable time” requirement of the right to a fair trial under Article 6(1), whereas analysis of its proper operation shows that it is compatible and may even be a useful tool in providing faster and more economic litigation. Although it is at least somewhat refreshing to see ECHR arguments being acknowledged in an international private law context without encouragement, it is nevertheless peculiar that Article 6 concerns have been identified in relation to forum non conveniens, “one of the most civilised of legal principles” as Lord Goff of Chieveley put it, when the ECJ did not properly apply or even consider Article 6 in Gasser, where the need for its recognition was much more significant. The ECHR is not an optional instrument that can be applied to justify a course of reasoning, however misguided, on the one hand and dismissed when apparently greater considerations require it on the other; careful legal analysis is required for its operation, which analysis does not appear to have been applied or even respected by the ECJ.

A fresh perspective

Separating a dissertation into manageable chunks from the initial stages of structural planning gives you freedom to start afresh to write about a different but related topic once concluding another section. Access to a court, for instance, is a separate right from the right for a trial to be heard and decided within a reasonable time. It, thus, merits a separate chapter with its own introduction, subsections and conclusions.

4. ACCESS TO A COURT 4.1. Operation in Article 6 The fair, public and expeditious characteristics of judicial proceedings expressed in Article 6 would be of no value at all if there were no judicial proceedings. Thus, referring to the rule of law and avoidance of arbitrary power, principles which underlie much of the ECHR, the ECtHR has held that the right of access to a court is an element inherent in Article 6(1). Although this right is not absolute, any limitation must not restrict access to such an extent that the very essence of the right is impaired, provided that a legitimate aim is pursued with proportionality between the limitation and that aim. The potential for this right to arise in the civil jurisdiction context is high, given the intrinsic nature of the operation of jurisdiction rules. 4.2. Anti-Suit Injunctions A denial of access to a foreign court and, therefore, a potential Article 6 violation will occur through the grant of an anti-suit injunction, which seeks to restrain foreign proceedings. This issue arose in The Kribi, where the claimants sought an anti-suit injunction to restrain Belgian proceedings brought in contravention of an exclusive jurisdiction agreement. Aikens J held that “Article 6…does not provide that a person is to have an unfettered choice of tribunal in which to pursue or defend his civil rights” . Moreover, “Article 6…does not deal at all with where the right to a [fair trial] is to be exercised by a litigant. The crucial point is that civil rights must be determined somewhere by a hearing and before a tribunal in accordance with the provisions of Article 6.” Therefore, a court granting an anti-suit injunction, in the very limited circumstances in which it can now do so, would not be in breach of Section 6 of the HRA 1988 where another available forum exists. Contrastingly, Article 6 challenges remain for the “single forum” cases, where there is only one forum of competent jurisdiction to determine the merits of the claim, despite the cases already being treated differently. In such a case, the exemplary approach of Aikens J would easily resolve such human rights issues. Ultimately, in a commercially welcome judgment, human rights arguments were made and received properly. Moreover, Aikens J “logically” dealt with the human rights points first. Hence the case is a working model for Fawcett’s hybrid approach where human rights should be considered first before international private law principles. Contrasting with stays producing concerns of unreasonable delays, in this context of access to a court there is more impetus to follow Fawcett’s model, particularly given that such denial of access can constitute a direct breach of Article 6, thus producing a more realistic threat of contravention of Section 6 of the HRA 1998. 4.3. Exclusive Jurisdiction Agreements and Waiving Convention Rights Another instance pertinent to Article 6 is where a person has no access to the courts of the UK because of the enforcement of an exclusive jurisdiction agreement. Convention rights can, in general, be waived, including the right of access to a court under Article 6, which can occur where a jurisdiction agreement or agreement to arbitrate is valid and enforceable, but not where a person entered into the agreement without voluntary consensus. Generally, rights will be waived under a jurisdiction agreement meeting the requirements of Article 23 of the Brussels Regulation. However, as Briggs and Rees note, there may be instances, somewhat unattractive, where a party is bound by such a jurisdiction agreement without voluntary consensus as such, such that his right of access to a court may not have been waived, reflecting the more prudent stance taken towards compulsory alternative dispute resolution. Notwithstanding, Article 6 will be upheld provided there is another available court. 4.4. Limitations on Jurisdiction It is axiomatic that limitations on jurisdiction may restrict access to a court. The ECtHR has held that limitation periods are generally compatible with Article 6, particularly for reasons of legal certainty, provided that they are not applied inflexibly. This compatibility should encompass a stay under forum non conveniens for a forum barred by limitation, which is granted only where the claimant was at fault by acting unreasonably in failing to commence proceedings in the foreign court within the applicable limitation period. Contrastingly, blanket limitations are a more difficult species. An example of a blanket exclusion on jurisdiction is the English common law Moçambique rule, which provides that title to foreign land should be determined only at the situs of the land. This may conflict with Article 6 because of a denial of access to an English court. Although this proposition may be unfounded, particularly where access to a court is available somewhere, the exclusion on jurisdiction may still be challenged on Article 6 grounds if disproportionate its aim. Such proportionality concerns were considered in Jones v Ministry of the Interior of the Kingdom of Saudi Arabia. Following Al-Adsani v United Kingdom , a blanket limitation on jurisdiction was accepted because the grant of sovereign immunity, which restricted access to a court, pursued the legitimate aim of comity through compliance with international law and was proportionate. Notwithstanding, underpinning this reasoning is an inevitable tension between the interests of States and private parties, such that Mance LJ (as he then was) in the Court of Appeal produced his judgment in light of ECHR considerations, taking a more flexible approach supportive of human rights. Mark v Mark also illustrates such inflexibility and proportionality considerations. The limitation in that case prevented access to the English courts, which may have been the only available courts, through a particular rule of public policy. This rule was therefore seen by Thorpe LJ to be incompatible with Article 6 and hence the HRA 1998. Contrastingly, in the House of Lords, Baroness Hale affirmed the decision on different grounds, dismissing ECHR considerations, such that she perhaps did not take human rights concerns entirely seriously. Although access to some court will be available following most limitations, the few cases where access would be denied to the only available court under a limitation warrant special attention in light of protection of the right to a fair trial. Such attention has been properly given on occasion, as demonstrated by both Mance and Thorpe LJJ. However, this approach is not consistently followed, shown by the dangerous approach of Baroness Hale. 4.5. Interaction with Forum non Conveniens In Lubbe v Cape Industries Plc, the defendant asked for a stay of proceedings. After identifying South Africa as the natural forum, the Court was faced with the argument that the stay would breach Article 6 because the complexity of the case and lack of funding were such that the claimant could not sue in that foreign court. After applying the Spiliada principles, which provided that a stay should be refused because the claimant could not obtain justice in the foreign court, Lord Bingham then turned to the Article 6 arguments and noted simply that “I do not think article 6 supports any conclusion which is not already reached on application of Spiliada principles.” Although the right to a fair trial was acknowledged and indeed protected under the refusal to grant a stay, the procedure in reasoning lowered the importance of human rights as the Spiliada principles took precedence to application of Article 6. Thus, if the Lubbe approach was followed in the future and a stay was granted to a foreign court in which there was a risk of a flagrant breach, the court may indirectly breach Article 6 in addition to Sections 2 and 6 of the HRA 1998. Similar techniques to that employed by Lord Bingham have been used in other forum non conveniens cases. For example, in The Polessk, the extent to which evidence showed the right to a fair trial in the St. Petersberg Court was considered under the second limb of the Spiliada test. Moreover, as discussed, reasonable delay has been considered consistently, although somewhat effectively, within this second stage of Spiliada. As noted, these latter instances show a sufficient degree of reconciliation with at least the indirect effect of Article 6, regardless of the characterisation of the breach as one of Article 6 or otherwise, particularly because it is difficult to imagine “borderline” cases amounting to flagrant breaches of Article 6, as Fawcett suggests. This analysis can be applied equally to the facts of Lubbe where access to the foreign court clearly did not exist, such that a stay would unequivocally produce a flagrant breach. It may be suggested that other cases are not so easy to evaluate, such as in determining whether access to a court exists through lack of legal aid, as Santambrogio v Italy illustrates. Nevertheless, surely if the decision is a difficult one to make, then the breach cannot be flagrant and, as such, there cannot be an indirect breach of Article 6. However, as noted, a procedural shift in judicial reasoning will have undoubted procedural benefits, if at the very least it effects compliance with Section 2 of the HRA 1998. Endnotes Golder v. United Kingdom [1975] ECHR 1, at [35]. Ibid., at [34]-[35]. Ibid., at [36]; this includes the right to a determination of proceedings on the merits (Gorbachev v Russia, No. 3354/02, 15 February 2007.) Ibid., at [38]. Winterwerp v The Netherlands [1979] ECHR 4, at [60], [75]. Ashingdane v United Kingdom [1985] ECHR 8, at [57]. OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76; now overruled on the specific point for decision (Turner v Grovit and Others [2005] AC 101). The Kribi (n131), at [42]. Ibid., at [42]. Following Turner v Grovit (n131), a court cannot grant an anti-suit injunction against a party who has commenced an action in a Brussels Convention State. British Airways v Laker Airways [1983] AC 58,at [80]. The Kribi, (n131),at [41]. Fawcett: 2007, pp36-37. Pfeiffer and Plankl v Austria (1992) 14 EHRR 692; cf. Loucaides: 2003, pp48-50. Deweer v Belgium (1979-80) 2 EHRR 439; indeed, this is a “natural consequence of [the parties’] right to regulate their mutual relations as they see fit.” (Axelsson v. Sweden, no.11960/86, 13 July 1990.) Malmstrom v Sweden (1983) 38 DR 18. Cf. under the common law (The Pioneer Container [1994] 2 AC 324); Briggs and Rees: 2005, p19. E.g. a person not party to a bill of lading bound by a jurisdiction agreement between shipper and carrier. Briggs and Rees: 2005, pp18-19. See generally Schiavetta: 2004, paras.4.2-4.21. Stubbings v United Kingdom [1996] ECHR 44, at [51]. Briggs and Rees: 2005, p20 n.101. Spiliada (n72), pp483-484. British South Africa Co v Companhia de Moçambique [1893] AC 602; for Scotland, Hewit’s Trs v Lawson (1891) 18 R 793. Briggs and Rees: 2005, para.4.06. [2006] UKHL 26. 34 EHRR 273. Cf. Markovic v Italy [2006] ECHR 1141, which held that although there was no blanket limitation on jurisdiction through sovereign immunity and that access to a court had been afforded, access was nevertheless limited in scope, such that the applicants could not receive a decision on the merits. [2005] QB 699. [2004] EWCA Civ 168, at [40]. [2006] AC 98. Fawcett: 2007, p34. [2000] 1 WLR 1545. (n72). Lubbe (n157), p1561. Further, no relevant decisions of the ECtHR were relied upon in the judgment e.g. Airey v Ireland [1979] ECHR 3 where representation costs were “very high” and the procedure was too complex and would evoke emotions too great for the applicant to present her case. Cf. Santambrogio v Italy [2004] ECHR 430 (post-Lubbe), where legal aid was deemed unnecessary in the circumstances. Fawcett: 2007, p.11. (n102), p51. Supra pp.17-19. Supra p.19. (n160).

Get creative!

Creative argument is essential if you’re going to get a first. Perhaps only unless your tutor or professor doesn’t know the topic well can you get away rehashing old argument and ideas that have been discussed thousands of times before. Having worked with academia in trying to commercialise intellectual property rights (IP), through, for instance, spin-off companies, it is clear that innovation is crucial for the business models of universities. It goes something like this: University teaches its students; Students produce research in which they and/or the university have IP, such as copyrights or patents; Student and/or university commercialises that IP by selling or licensing it to journals or other entities, such as companies. Money, then, gets reinvested into the system or society, which gets to work with the new innovation or improvement. The below argument is example of how such creativity can light up your dissertation, add value to your University and get you a better mark overall.

4.6. Owusu v Jackson Further relevance of Article 6 can be seen in the context of the ECJ’s analysis of forum non conveniens in Owusu v Jackson. Fundamentally wrong, the ECJ believed that a defendant “would not be able…reasonably to foresee before which other court he may be sued.” However, it is the defendant who asks for a stay and thus his foreseeability of a stay in this respect is secured. Article 6 is underpinned by the principle of legal certainty. Although legal certainty has specific provision in some articles of the ECHR, it is not confined to those articles; the specific provisions require domestic law “to be compatible with the rule of law, a concept inherent in all the articles of the Convention.” Legal certainty comprises the particularly significant aspect of foreseeability. In this regard, the ECtHR has noted that: “a norm cannot be regarded as a ‘law’ unless it is formulated with sufficient precision to enable the citizen to regulate his conduct: he must be able…to foresee, to a degree that is reasonable in the circumstances, the consequences which a given action may entail.” It is at least arguable that this would encompass procedural certainty emanating from rules of jurisdiction. If the forum non conveniens doctrine permitted stays without the defendant’s asking, the defendant would have such little legal certainty that there may even be an arguable infringement of his right to a fair trial under Article 6, not only incompatible with the higher test of legal certainty of jurisdictional rules under the Brussels regime. This would result from the defendant’s lack of foreseeability as to where proceedings against him would take place. Contrastingly, cogent arguments can be made against forum non conveniens, inter alia, because of the uncertainty for the claimant. Notwithstanding, it could be said that his rights under Article 6(1) are upheld through his right of access to a court somewhere else. Moreover, he would have much more legal certainty than that of the defendant under the ECJ’s interpretation of forum non conveniens because stays under proper operation of forum non conveniens are granted, to some extent, within the confines of regulated and foreseeable discretion. It can therefore be seen that the ECJ had analysed something which would be incompatible not only with Scottish and English law, but also with the ECHR and HRA 1998. Although a proper analysis of forum non conveniens would probably not have altered the outcome of Owusu, it would have been much more respectable to the common law, already set to be dismantled through an inevitable course of Europeanization, not to knock down, to some extent, a “straw man.” 4.7. Conclusions It is clear that there are disparate approaches to the right of access to a court, perhaps emanating in part from varying attitudes to the importance of human rights. Most civil jurisdiction cases will involve access being denied to one court, while access to another is still available. These will generally not breach Article 6 since there is no right of preference of court under Article 6 as Aikens J held in The Kribi, a judgment fully respectable of human rights. Contrastingly, in the limited number of cases which do yield Article 6 concerns, respect for human rights has been inconsistent, a worrying position particularly in light of the recognition of new, potential Article 6 challenges, such as in the areas of exclusive jurisdiction agreements and limitations on jurisdiction. Notwithstanding, such concerns may be unfounded, given the flexibility of international private law rules, such as the demands of justice under the second limb of Spiliada, which can effectively prevent indirect breaches of Article 6. Endnotes Except in exceptional circumstances: Collins et al: 2006, para.12-006 n.20. E.g. Articles 5 and 7. Reed and Murdoch: 2001, para.3.33. Amuur v France [1996] ECHR 20, at [50]. Reed and Murdoch: 2001, para.3.36. Sunday Times (No1) v United Kingdom [1979] ECHR 1, at [49]. Harris: 2005, p939; despite a lack of express mention by the ECJ in Owusu (n29); cf. Opinion of AG Leger in Owusu, at [160]. Hartley: 2005b, pp824-828; cf. Mance: 2007. (n72).

Add Another New Topic

The following is a different slant on the fundamental theme of the dissertation.

5. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 5.1. Recognition of Contracting State Judgments An indirect breach of Article 6 may occur where a court recognises and thus enforces a judgment obtained in foreign proceedings contrary to the requirements of Article 6. Little challenge is presented where that judgment is obtained in a court of a State party to the ECHR; in such a case, recognition can be refused through Article 6 which is a facet of public policy under Article 27(1) of the Brussels Convention. Notably, Article 34(1) of the Brussels Regulation provides that the recognition must be “manifestly” contrary to public policy, implying a higher threshold than in Article 27(1). The difference in wording is uncertain, but it is hoped that it will not be used to “sweep mere procedural defects under the rug.” Indeed, the importance of the right to a fair trial to the rule of law cannot be underestimated and thus it is arguable that any breach of Article 6 will be manifestly contrary to public policy. Notwithstanding, if the phrases “manifestly contrary to public policy” and a “flagrant breach of the ECHR” were to be compared, it may be just as arguable that a manifest breach of Article 6, not a standard one, is required for the operation of Article 34(1) of the Brussels Regulation. However, this may not be unwarranted in the context of judgments of Contracting States, as noted. Through Krombach v Bamberski , the housing of Article 6 under public policy effectively creates a hierarchical system, whereby EC rules have precedence over human rights rules, particularly because of the ignorance of the indirect effect doctrine. However, this may not be wholly unwelcome in light of the potential existence of a common EC public policy, somewhat emanating from the harmonisation through the ECHR in 1950. Moreover, as Meidanis suggests, the ECJ appears to see the protection of human rights as the common core of the European public policy and is prepared to sacrifice the basic principle of the free movement of judgments of the Brussels Convention to ensure protection of human rights. Notwithstanding, as noted, in other contexts, the ECJ does not so respect human rights, particularly highlighted by its emphatic rejection of Article 6 in Gasser. Although the flexibility through the public policy exception does not extend to the rules relating to jurisdiction, there are other mechanisms for protecting human rights within the Brussels Convention and, especially, the Brussels Regulation. 5.2. Recognition of Non-Contracting State Judgments More difficulty arises with recognition of a judgment obtained in a non-Contracting State. 5.2.1. European Court of Human Rights Such recognition was permitted without reference to Article 6 in Drozd and Janousek. However, in Pellegrini v Italy, the ECtHR held that the Italian court could not recognise a judgment obtained in a Vatican City court in contravention of Article 6 standards. This was so despite a Concordat between Italy and the Vatican requiring such recognition. Pellegrini can be considerably demarcated from the Soering/Drozd line of cases, which requires a flagrant breach to have occurred in the non-Contracting State, the underpinning theory being the “reduced effect of public policy.” Instead, Pellegrini requires full compliance with Article 6 standards as if the foreign court were party to the ECHR, such that failure to review a judgment against which standards is a risky practice. Notwithstanding, the actual breach of Article 6 standards in Pellegrini was flagrant, despite the court’s omission of this, and therefore the judgment may not represent such a large departure from Drozd. Moreover, the “reduced effect of public policy” approach of Drozd was followed eight days prior to Pellegrini in Prince Hans-Adam II of Liechtenstein v Germany. However, it is difficult to distinguish Hans-Adam II on its facts particularly given the sweeping reasoning in Pellegrini. Thus, as it stands, Pellegrini is the leading authority, prescribing the need for a review of foreign judgments against full Article 6 standards, ensuring full protection for the right to a fair trial. It is nevertheless hoped by some that the case will be revisited, perhaps with the preference of a variable standard. Further, a dictum in Pellegrini may have the effect of requiring such review only where the judgment emanates from the courts of a State not party to the Convention. Hence, as Kinsch submits, an a contrario reading may be imputed, such that review of Article 6 standards is optional where the judgment emanates from a Contracting State. However, this may not be wholly unwelcome given that the Member States of the EU are party to the ECHR in addition to the Brussels Convention and Regulation, which seek to limit the power of public policy from preventing recognition of judgments. 5.2.2. House of Lords In stark contrast to Pellegrini, the House of Lords in Montgomery required a “flagrant” breach in the United States, a non-Contracting State, for the judgment not to be recognised. Such a flagrant breach was not created in the United States and hence recognition of a judgment breaching regular Article 6 standards was permitted. In its judgment, the House of Lords attempted to distinguish Pellegrini through the existence of the Concordat between Italy and the Vatican City, which required Italy to ensure that the Vatican court’s procedure complied with the fundamental principles of Italian legal system, one being Article 6. However, this is hard, if not impossible, to understand, particularly since it assumes that the Concordat of 1929, as amended, could incorporate ECHR standards, when the Vatican City deliberately refused to subscribe to the ECHR. Further, the ECtHR in Pellegrini did not suggest in its judgment that the relationship between Italy and the Vatican was material to its decision. Therefore, Montgomery is seen to be wrong in so distinguishing Pellegrini. Briggs and Rees further suggest that the House of Lords applied the wrong test in Montgomery because of the analysis of deportation cases, such as Soering. In such a case, a prediction is required, whereas in Montgomery, or indeed in any case concerning recognition, there was no need for such a prediction as the foreign judgment could already be seen to have breached Article 6. However, Soering requires that the person “has suffered or risks suffering a flagrant denial of a fair trial (emphasis added.)” If he has already suffered a breach, there is no need for a prediction to be made; instead, the reason for the standard of flagrancy is based on the “reduced effect of public policy” theory, an approach followed in Drozd, as noted. The reasoning of Briggs and Rees in this respect is akin to that of the Court of Appeal in Montgomery where Lord Woolf CJ stated that “the reference in [Soering at [113]] to a future flagrant breach of Article 6 was no more than a dicta which should not be applied to the enforcement of a court order of a non-Contracting State.” However, Drozd, which was not cited to, or considered by, the Court of Appeal, expressly requires such a flagrant breach of Article 6 if enforcement of a court order of a non-Contracting State is to be denied, which clearly has nothing to do with making predictions. Instead, as Briggs and Rees indeed note, the reason why the House of Lords applied the wrong test in Montgomery is that Pellegrini, the leading ECtHR authority which overrides Drozd, was wrongly distinguished and therefore permitted recognition of a judgment in contravention of ECHR jurisprudence. It may be argued that this was not a case of human rights not being taken seriously, but was merely a case of wrongful interpretation of human rights law, yet this could only be accepted upon an assumption of the incompetence of the House of Lords. 5.3. Conclusions The leading authority of the ECtHR on operation of the indirect effect doctrine with respect to recognising foreign judgments, Pellegrini demands a review of full compliance with Article 6 standards of foreign judgments, perhaps limited to those emanating from non-Contracting State courts. Through this, the right to a fair trial can be fully upheld in national courts and, in the UK, breach of Section 6 of the HRA 1998 can be avoided. Notwithstanding, the House of Lords effectively got human rights wrong, thus paving the way forward for reduced protection of Article 6 in the UK. However, this area is not devoid of hope; to effect compliance with this framework, Montgomery must be overturned, which does not appear too remote a possibility given the extensive criticism of the case.

How to conclude a first class law dissertation

The conclusion to your dissertation is, arguably, the most important part and is, therefore, potentially a major differentiator between a first class dissertation and a second class one.

There are three things which you should bear in mind:-

1. A well-written dissertation, thesis, essay or, indeed, any story should have three main parts to it: an introduction; a main body; and a conclusion. It reflects any good piece of oratory: say what you’re going to say, say it, then say what you’ve said. In your conclusion, you are, thus, trying to tell the audience what you’ve said throughout your dissertation. If the word limit is 10,000 words, 800-1000 words should, ideally, be used on your conclusion;

2. Don’t be afraid to put your foot into the icy water. As stated in an earlier section you should not be afraid to come to powerful conclusions even if they challenge the views of other academics, practitioners or even the general public, provided that your views can be fairly and reasonably supported. Which brings us to the third and most important aspect of any conclusion;

3. A well drafted conclusion should refer back to your analysis throughout your dissertation to support your suggested conclusions; it should not allow you to raise new arguments or thoughts which you haven’t already considered. Think about it like a civil proof in court: you conduct an examination-in-chief in which you ask open questions to get evidence from your witness; your opponent then cross-examines your witness to test their evidence; you then get a chance to re-examine the witness but you do NOT get a chance to raise anything new that was not covered in cross.

The conclusion to my dissertation, different from my Juridical Review version, is as below. Given the recent Supreme Court criminal law decision of Cadder v HMA, for which see the ScotsLawBlog Cadder article , the final words on getting human rights right attract even greater significance.

6. CONCLUSIONS The right to a fair trial has produced much concern in the conflict of laws arena today, a particular result of the evolution of a more stringent human rights culture in the United Kingdom. In the field of civil jurisdiction, the right to a trial within reasonable time and the right of access to a court, two of the most fundamental substantive rights of Article 6 ECHR, have emerged; in the sphere of recognition and enforcement of foreign judgments, the indirect effect doctrine, a key procedural element of the ECHR, which protects the right to a fair trial indirectly but nevertheless just as significantly, has arisen. International private law mechanisms exist for the reconciliation of Article 6 with the sphere of civil jurisdiction and judgments. The extent to which these can be utilised to protect the right to a fair trial is undoubtedly immense. At the most extreme end of protection, Fawcett’s hybrid model could provide great procedural legal certainty, such that human rights concerns will be identified first, using ECtHR jurisprudence, following which international private law mechanisms can resolve these concerns with their inherent flexibility. This strict approach is not unwarranted, particularly where judges fail to see the function or even importance of human rights. Pertinent examples include the misapplication of human rights by the House of Lords in Montgomery , which indeed must be rectified, and other approaches not confined to the courts of the United Kingdom; for instance, the embarrassingly misguided approach of the ECJ in Gasser , where it refused to recognise human rights concerns in its myopic pursuit of the objectives of the Brussels regime, unyielding with respect for concerns of private parties, when there were measures available for reconciliation. This appears even more inadequate in light of Advocate General Léger’s later suggestions that forum non conveniens may actually be incompatible with Article 6, when the doctrine is more than justifiable as it seeks to produce faster and more economic litigation, through both the first and second limbs of Spiliada. Notwithstanding, the need for Fawcett’s model is more questionable in other situations; for instance, in those cases involving potential indirect breaches of Article 6 when transferring actions abroad, flexible international private law mechanisms appear to have been applied in a manner sufficiently compliant with the ECHR, regardless of the characterisation of the breach as one of Article 6 or simply of the demands of justice. For example, the second limb of Spiliada has effectively prevented stays where there is a real risk of a flagrant breach abroad, as is the Soering threshold for such an indirect breach, whether regarding unreasonable delay or lack of access to a court. Fawcett concedes that the overall result of many cases will remain unchanged but suggests that “borderline” cases may exist which pose as pitfalls for the courts. However, the requirement of flagrancy, as he correctly applied at the beginning of his analysis, makes the existence of such cases difficult, if not impossible, to imagine in practice. In this respect, Fawcett appears to be advocating an approach extending beyond avoiding breaching Article 6; instead, he is actively aiming at protection of a fair trial beyond the Article 6 threshold. However, this is not unwelcome; the importance of Article 6 is so great that it is worth adopting the strict approach. The consistent use of ECHR jurisprudence at the outset will, at the very least, prevent a breach of Section 2 of the HRA 1998; further, it may assist those judges who are misguided or fail to see the importance of human rights today. Ultimately, a strict approach may provide for considerable legal certainty in a fast and growing area of law which demands firm, human rights orientated answers.

New: we have published guides to some of the best personal injury lawyers , settlement agreement solicitors and best employment lawyers in the UK , in addition to helpful guidance on a range of other legal issues which may be useful if you or a friend need to point someone in the right direction.

How to write a bibliography to conclude your first-class dissertation

There are three stages for completing an abundant and competent bibliography. First, go into the footnotes on your document, select all, copy and paste to the foot of your article, then separate into different categories. Then, second, go back through the materials which you have read and add them. Finally, third, sort alphabetically using Word or Excel.

7. BIBLIOGRAPHY 7.1. TABLE OF CASES A and others v Denmark [1996] ECHR 2 AG of Zambia v Meer Care and Desai [2005] EWHC 2102 (Ch), appeals dismissed [2006] EWCA Civ 390 Airbus Industrie GIE v Patel [1999] 1 AC 119 Airey v Ireland [1979] ECHR 3 Al-Bassam v Al-Bassam [2004] EWCA Civ 857 Amuur v France (1996) 22 E.H.R.R. 533 Andreucci v Italy [1992] ECHR 8 Ashingdane v United Kingdom [1985] ECHR 8 Att. Gen. v Arthur Anderson & Co [1989] ECC 224 Axelsson v. Sweden, no.11960/86, 13 July 1990 Bensaid v United Kingdom (2001) 33 EHRR 10 Berghofer v. ASA SA Case 221/84 [1985] ECR 2699 Berisford Plc v New Hampshire Insurance [1990] 2 QB 631 Bock v. Germany [1989] ECHR 3 Boddaert v Belgium (1993) 16 EHRR 242 Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi(“Bosphorus Airways“) v Ireland (2006) 42 EHRR 1 Bottazzi v. Italy [1999] ECHR 62 Brazilian Loans (PCIJ Publications, Series A, Nos. 20-21, p.122) Bristow Heliocopters v Sikorsky Aircraft Corporation [2004] 2 Ll Rep 150 British Airways v Laker Airways [1983] AC 58 British South Africa Co v Companhia de Moçambique [1893] AC 602 Buchholz v Germany [1981] ECHR 2 Carel Johannes Steven Bentinck v Lisa Bentinck [2007] EWCA Civ 175 Ceskoslovenska Obchodni Banka AS v Nomura International Plc [2003] IL Pr 20 Chellaram v Chellaram [1985] 1 Ch 409 Connelly v RTZ Corpn plc [1998] AC 854 Credit Agricole Indosuez v Unicof Ltd [2004] 1 Lloyd.s Rep 196 Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times June 8, 1995 Darnell v United Kingdom (1993) 18 EHRR 205 Delcourt v Belgium (1979-80) 1 EHRR 355 Derbyshire CC v Times Newspapers Ltd [1992] QB 770 Deweer v Belgium (1979-80) 2 EHRR 439 Di Mauro v. Italy ECHR 1999-V Drozd and Janousek v France and Spain (1992) 14 EHRR 745 Eckle v Germany (1983) 5 EHRR 1 Elderslie Steamship Company v Burrell (1895) 22 R 389 Elefanten Schuh GmbH v Jacqmain (Case 150/80) [1981] ECR 1671 Erich Gasser GmbH v Misat Srl, C-116/02 [2005] QB 1 ERT v DEP C-260/89 [1991] ECR I-2925 F v Switzerland [1987] ECHR 32 Ferrari v Italy [1999] ECHR 64 Foti v Italy (1982) EHRR 313 Fritz and Nana v France, 75 DR 39 Golder v. United Kingdom [1975] ECHR 1 Gorbachev v Russia, No. 3354/02, Judgment of 15 February 2007. Government of the United States of America v Montgomery (No 2) [2004] UKHL 37 Guincho v Portugal (1984) 7 EHRR 223 H v France (1990) 12 EHRR 74 Hesperides Hotels Ltd v Aegan Turkish Holidays Ltd [1979] AC 508 Hewit’s Trs v Lawson (1891) 18 R 793. Huseyin Erturk v Turkey [2005] ECHR 630. Irish Shipping Ltd v Commercial Union [1991] 2 QB 206. Iveco Fiat v Van Hool Case 313/85 [1986] ECR 3337 Jones v Saudi Arabia [2004] EWCA Civ 1394 JP Morgan Europe Ltd v Primacom [2005] EWHC 508 Katte Klitsche de la Grange v Italy (1994) 19 EHRR 368 Klockner Holdings GmbH v Klockner Beteiligungs GmbH [2005] EWHC 1453 Konamaneni v Rolls-Royce Industrial Power (India) Ltd [2002] 1 WLR 1269 Konig v Federal Republic of Germany (1978) 2 EHRR 170 Krombach v Bamberski Case C-7/98 [2001] QB 709 Kudla v Poland [2000] ECHR 512 Lacey v Cessna Aircraft (1991) 932 F.2d 170 Ledra Fisheries Ltd v Turner [2003] EWHC 1049 Lubbe v Cape Industries Plc [2000] 2 Lloyd’s Rep. 383 Malone v United Kingdom (1985) 7 EHRR 1 Malstrom v Sweden (1983) 38 Decisions and Reports 18 Manieri v Italy [1992] ECHR 26 Margareta and Roger Andersson v Sweden (1992) 14 EHRR 615. Markovic v Italy [2006] ECHR 1141 Maronier v Larmer [2003] QB 620 Matthews v United Kingdom [1999] ECHR 12. Messier-Dowty v Sabena [2000] 1 WLR 2040 Netherlands 6202/73 1975 1 DR 66 OT Africa Line Ltd v Hijazy (The Kribi) [2001] Lloyd’s Rep 76 Owens Bank Ltd v Bracco [1992] 2 AC 433 Owners of the Atlantic Star v Owners of the Bona Spes (The Atlantic Star and The Bona Spes) [1974] AC 436 Owusu v Jackson and Others C-281/02 [2005] QB 801 Pafitis v Greece (1999) 27 EHRR 566 Pfeiffer and Plankl v Austria (1992) 14 EHRR 692 Philip Morris International Inc v Commission of the European Communities [2003] ECR II-1 Prince Hans-Adam II of Liechtenstein v Germany ECHR 2001-VIII. R (Razgar) v Special Adjudicator [2004] 1 AC 368 R v Jones [2003] 1 AC 1 R. (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] 2 WLR 1389 R. (on the application of Ullah) v Special Adjudicator [2004] UKHL 26 Riccardo Pizzati v Italy [2006] ECHR 275 Robins v United Kingdom (1998) 26 EHRR 527 Salesi v Italy [1993] ECHR 14 Salotti v RUWA Case 23/76 [1976] ECR 1831 Santambrogio v Italy [2004] ECHR 430 Scopelliti v Italy (1993) 17 EHRR 493 Sim v Robinow (1892) 19 R 665 Soc Divagsa v Spain (1993) 74 DR 274. Soering v United Kingdom (1989) 11 EHRR 439 Spiliada Maritime Corporation v Cansulex Lid [1987] 1 AC 460 Standard Steamship Owners Protection and Indemnity Association v Gann [1992] 2 Lloyd’s Rep 528 Stogmuller v Austria (1979) 2 EHRR 155 Stubbings v United Kingdom [1996] ECHR 44 Sunday Times v United Kingdom (1979-80) 2 EHRR 245 The Al Battani [1993] 2 Lloyd’s Rep 219 The Benarty [1984] 2 Lloyd’s Rep 244 The Fehmarn [1958] 1 WLR 159 The Jalakrishna [1983] 2 Lloyd’s Rep. 628 The Lakhta [1992] 2 Lloyd’s Rep 269 The Nile Rhapsody [1992] 2 Lloyd’s Rep 399 The Pioneer Container [1994] 2 AC 324 The Polessk [1996] 2 Lloyd’s Rep 40 The Vishva Ajay [1989] 2 Lloyd’s Rep 558 Toepfer International G.M.B.H. v. Molino Boschi Srl [1996] 1 Lloyd’s Rep. 510 Trendex v Credit Suisse [1982] AC 679 Turner v Grovit and Others [2005] 1 AC 101 Union Alimentaria SA v Spain (1990) 12 EHRR 24 Vocaturo v Italy [1991] ECHR 34. Wemhoff v Germany (1968) 1 EHRR 55 Winterwerp v The Netherlands [1979] ECHR 4 X v France [1992] ECHR 45 Xn Corporation Ltd v Point of Sale Ltd [2001] I.L.Pr. 35 Z and Others v. United Kingdom (2002) 34 EHRR 3 Zimmermann and Steiner v Switzerland [1983] ECHR 9 7.2. TABLE OF LEGISLATION European Union EC Treaty Art 6(2) Art 307 Council Regulation 44/2001 (Brussels Regulation) Art 2 Art 4 Art 27 Art 28 Art 30 Art 34(1) Art 34(2) Art 35(3) Art 71 Italy Law no.89 of 24 March 2001 (the “Pinto Act”). United Kingdom Civil Jurisdiction and Judgments Act 1982 Civil Procedure Rules 1998 Part 11 r 3.1(2)(f) Human Rights Act 1998 (HRA 1998) s1(1)(a) s2(1)(a) s3(1) s6(3)(a) 7.3. TABLE OF CONVENTIONS Brussels Convention on Jurisdiction and Judgments in Civil and Commercial Matters (Brussels Convention) Art 21 Art 22 Art 57 European Convention on Human Rights (ECHR) Art 5 Art 6 Art 7 Art 13 7.4. TEXTBOOKS Anton, A.E., and Beaumont, P., 1995. Anton & Beaumont’s Civil Jurisdiction in Scotland: Brussels and Lugano Conventions. 2nd ed ., Edinburgh: Greens Bell, A., 2003. Forum Shopping and Venue in Transnational Litigation. Oxford: OUP Briggs, A., 2002. The Conflict of Laws, Oxford: OUP. Briggs, A., and Rees, P., 2002. Civil Jurisdiction and Judgments. 3rd ed., London: LLP Briggs, A., and Rees, P., 2005. Civil Jurisdiction and Judgments. 4rd ed., London: LLP Clarkson, C.M.V., and Hill, J., 2002. Jaffey on the Conflict of Laws. 2nd ed., Oxford: OUP Clarkson, C.M.V., and Hill, J., 2006. The Conflict of Laws. New York: OUP Clayton, R. and Tomlinson, H., 2000. The Law of Human Rights. Oxford: OUP Collier, J.C., 2001. Conflict of Laws. 3rd ed., Cambridge: Cambridge University Press. Collins, L., et al (eds), 2006. Dicey Morris and Collins on the Conflict of Laws. 14th ed. London: Sweet and Maxwell Crawford, E.B., and Carruthers, J.M., 2006. International Private Law in Scotland. 2nd ed, Edinburgh: Greens Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh. The Hague, The Netherlands: T.M.C. Asser Press. Fawcett, J.J., 1995. Declining jurisdiction in private international law: reports to the XIVth congress of the International Academy of Comparative Law, Athens, August 1994. Oxford: Clarendon Press Fawcett, J.J., Harris, J. and Bridge, M., 2005. International Sale of Goods in the Conflict of Laws. Oxford: OUP Grosz, S., Beatson, J. and Duffy, P., 2000. Human Rights: The 1998 Act and the European Convention,.London: Sweet and Maxwell Harris, D.J., O’Boyle, M., Warbrick, C., 1995. Law of the European Convention on Human Rights. London: Butterworth Hill, J., 2005. International Commercial Disputes in English Courts. 3rd ed Portland: Hart Publishing McClean, D. and Beevers, K., 2005. Morris on the Conflict of Laws. 6th ed., London: Sweet and Maxwell North, P.M. and Fawcett, J.J., 2004. Cheshire and North’s Private International Law. 13th ed. Oxford: OUP Ovey, C. and White, R., 2002. The European Convention on Human Rights. New York: OUP Raitio, J., 2003. The Principle of Legal Certainty in EC Law. The Netherlands: Kluwer Academic Publishers Reed, R. and Murdoch, J., 2001. A Guide to Human Rights Law in Scotland. Edinburgh: Butterworths Scotland Starmer, K., 1999. European Human Rights Law. London: Legal Action Group 7.5. ARTICLES Baldwin, J., and Cunnington, R., 2004. “The Crisis in Enforcement of Civil Judgments in England and Wales.” 2004 PL (SUM) 305-328 Briggs, A., 2005a. “Foreign Judgments and Human Rights.” 121(APR) L.Q.R. 185-189 Briggs, A., 2005b. “The Death of Harrods: Forum non Conveniens and the European Court.” 121(OCT) L.Q.R. 535-540 Clarke, A., 2007. “The Differing Approach to Commercial Litigation in the European Court of Justice and the Courts of England and Wales” 18 E.B.L.Rev. 101-129 Collins, L., 1995. “The Brussels Convention Within the United Kingdom”, 111 LQR 541 Costa, J-P., 2002, Rivista internazionale dei diritti dell’uomo, 435, cited in Kinsch, P., 2004. “The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions,” in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228, p228 n100 Crawford, E.B., 2005. “The Uses of Putativity and Negativity in the Conflict of Laws.” 54 ICLQ 829-854 Crifo, C., 2005. “First Steps Towards the Harmonisation of Civil procedure: The Regulation Creating a European Enforcement Order for Uncontested Claims.” C.J.Q. 2005, 24(APR), 200-223 Eardley, A., 2006. “Libel Tourism in England: Now the Welcome is Even Warmer.” 17(1) Ent. L.R. 35-38 Fabri, M., and Langbroek, P.M., 2003. “Preliminary draft report: Delay in Judicial Proceedings: A preliminary Inquiry into the Relation Between the Demands of the Reasonable Time Requirements of Article 6(1) ECHR and Their Consequences for Judges and Judicial Administration in the Civil, Criminal and Administrative Justice Chains”, CEPEJ (2003) 20 Rev Farran, S., 2007. “Conflicts of Laws in Human Rights: Consequences for Colonies”, (2007) 1 EdinLR 121 Fawcett, J.J., 2007. “The Impact of Article 6(1) of the ECHR on Private International Law.” 56 ICLQ 1-48 Fentiman, R., 2005. “English Domicile and the Staying of Actions” [2005] 64 CLJ 303 Flannery, L., 2004. “The End of Anti-Suit Injunctions?” New Law Journal, 28 May 2004, 798 Franzosi, M., 2002. “Torpedoes are here to stay” [2002] 2 International Review of Industrial Property and Copyright Law 154 Franzosi, M., 1997. “Worldwide Patent Litigation and the Italian Torpedo” 19 (7) EIPR 382 Green, L., 1956. “Jury Trial and Mr. Justice Black,” 65 Yale LJ 482 Halkerston, G., 2005. “A Funny Thing Happened on the Way to the Forum.” 155 NLJ 436 Hare, C., “Forum non Conveniens in Europe: Game Over or Time for ‘Reflexion’” JBL 2006, Mar, 157-179 Harris, J., 2001. “The Brussels Regulation.” 20 Civil Justice Quarterly 218 Harris, J., 2005. “Stays of Proceedings and the Brussels Convention.,” 54 ICLQ 933 Hartley, T.C., 1994. “Brussels Jurisdiction and Judgments Convention: Agreement and Lis Alibi Pendens.” 19(5) E.L.Rev 549-552 Hartley, T.C., 2001. “International Law and the Law of the European Union – A Reassessment”, 72 BYBIL 1 Hartley, T.C., 2005a. “Choice-of-court agreements, lis pendens, human rights and the realities of international business: reflection on the Gasser case” in Le droit international privé: mélanges en l’honneur de Paul Lagarde, (Dalloz, Paris, 2005), pp383-391 Hartley, T.C., 2005b. “The European Union and the Systematic Dismantling of the Common Law Conflict of Laws”, 54 ICLQ 813 Higgins, R., 2006. “A Babel of Judicial Voices? Ruminations From the Bench.” 55 ICLQ 791-804. Hogan, G., 1995. “The Brussels Convention, Forum non Conveniens and the Connecting Factors Problem.” 20(5) E.L. Rev. 471-493 Hood, K.J., 2006. “Drawing Inspiration? Reconsidering the Procedural Treatment of Foreign Law.” 2(1) JPrIL 181-193. Hunt, M., 1998. “The “Horizontal Effect” of the Human Rights Act”. 1998 Public Law 423-443 Hunter-Henin, M., 2006. “Droit des personnes et droits de l’homme: combinaison ou confrontation? (Family Law and Human Rights: Can They Go Along or Do They Exclude Each Other?),” 95(4) Revue critique de droit international privé pp743-775. Kennett, W., 1998. “Service of Documents in Europe.” 17(JUL) C.J.Q. 284-307 Kennett, W., 2001. “The Brussels I Regulation.” 50 ICLQ 725 -737 Kennett, W., 2001. “The Enforcement Review: A Progress Report.” 20(Jan) CJQ 36-57 Kennett, W., and McEleavy, P., 2002. “(Current Development): Civil and Commercial Litigation” 51 ICLQ 463 Kinsch, P., 2004. “The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments – A Survey of the Cases Decided by the European Human Rights Institutions,” in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp197-228. Lester, A., and Pannick, D., 2000. “The Impact of the Human Rights Act on Private Law: The Knight’s Move.” 116 LQR 380-385 Loucaides, L.G., 2003. “Questions of a Fair Trial Under the European Convention on Human Rights.” (2003) HRLR 3(1), pp27-51. Lowenfield, A.F., 2004. “Jurisdiction, Enforcement, Public Policy and Res Judicata: The Krombach Case,” in in Einhorn, T. and Siehr, K., 2004. Intercontinental Cooperation Through Private International Law – Essays in Memory of Peter E. Nygh, The Hague, The Netherlands: T.M.C. Asser Press, pp229-248 Mance, J., 2004a. “Civil Jurisdiction in Europe – Choice of Court Clauses, Competing Litigation and Anti-Suit Injunctions – Erich Gasser v. Misat and Turner v. Grovit: Address to Second Conference of European Commercial Judges, (“Problems of enforcement of european law”)” Paris – 14th October 2004; http://www.courdecassation.fr/formation_br_4/2004_2034/jonathan_mance_8239.html, (Accessed 10 March 2007) Mance, J., 2004b. “Exclusive Jurisdiction Agreements and European Ideals.” 120 LQR 357 Mance, J., 2005. “The Future of Private International Law.” 1(2) JPrIL 185-195 Mance, J., 2007. “Is Europe Aiming to Civilise the Common Law?” 18 EBLRev 77-99 McLachlan, C., 2004. “International Litigation and the Reworking of the Conflict of Laws” 120(OCT) LQR 580-616 Meidanis, H.P., 2005. “Public Policy and Ordre Public in the Private International Law of the EU: Traditional Positions and Moderns Trends.” 30(1), ELRev, 95-110 Merrett, L., 2006. “The Enforcement of Jurisdiction Agreements within the Brussels Regime,” 55 ICLQ 315 Muir Watt, H., 2001. “Evidence of an Emergent European Legal Culture: Public Policy Requirements of Procedural Fairness Under the Brussels and Lugano Conventions.” 36 Tex. ILJ, p. 539. North, P., 2001. “Private International Law: Change or Decay?” 50 ICLQ 477-508 Orakhelashvili, A., 2006. “The Idea of European International Law.” 17 Eur. J. Int’l L. 315 Peel, E., 2001. “Forum non Conveniens Revisited.” 117(APR) L.Q.R. 187-194 Robertson, D.W., 1987. “Forum Non Conveniens in America and England: ‘A rather fantastic fiction’.” 103 LQR 398 Robert-Tissot, S., and Smith, D., 2005. “The Battle for Forum”, New Law Journal, 7 October 2005, p1496 Robert-Tissot, S., 2005. “The Battle for Forum.” 155 NLJ 1496 Rodger, B.J., 2006. “Forum non Conveniens: Post Owusu.” 2(1) JPrIL 71 Schiavetta, S., 2004. “The Relationship Between e-ADR and Article 6 of the European Convention of Human Rights pursuant to the Case Law of the European Court of Human Rights.” 2004 (1) The Journal of Information, Law and Technology (JILT). http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2004_1/schiavetta/ (Accessed 28 February 2007) Sinopoli, L., 2000. Le droit au procès équitable dans les rapports privés internationaux (doctoral dissertation, University of Paris-I, 2000) Slater, A.G., 1988. “Forum Non Conveniens: A View From the Shop Floor.” 104 LQR 554 Svantesson, D.J.B., 2005. “In Defence of the Doctrine of Forum Non Conveniens.” (2005) HKLJ 395 Van Hoek: 2001. “Case note on Krombach v Bamberski” (2001) 38 CMLR 1011. Wade, H.W.R., 2000. “Horizons of Horizontality.” 116 LQR 217-224 Williams, J.M., 2001. “Forum non Conveniens, Lubbe v Cape and Group Josi v Universal General Insurance.” J.P.I. Law 2001, 1, 72-77 Zhenjie, H., 2001. “Forum Non Conveniens: An Unjustified Doctrine.” 48 NILR 143

All the best with your dissertation and career!

Related Posts

Linkedin: the new blogging platform for lawyers.

Or should you publish mainly on your own website or blog? In today’s digital age, LinkedIn isn’t just a professional

Exciting News: Our Guide to AI for Law Firms Just Got Better!

Hello legal professionals and legal tech enthusiasts! Alongside an exciting upcoming podcast episode on AI for law firm efficiency and

Automated page speed optimizations for fast site performance

Edinburgh Research Archive

•   ERA Home
• Law, School of

Law thesis and dissertation collection

By Issue Date Authors Titles Subjects Publication Type Sponsor Supervisors

Search within this Collection:

Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.

This material is presented to ensure timely dissemination of scholarly and technical work. Copyright and all rights therein are retained by authors or by other copyright holders. All persons copying this information are expected to adhere to the terms and constraints invoked by each author's copyright. In most cases, these works may not be reposted without the explicit permission of the copyright holder.

Recent Submissions

Out of place and out of time: older prisoners in chile , mind the gap: an empirical study of terrorism offences, law-making, and discretion , challenges and limitations of granting legal personality to distributed/decentralized autonomous organizations , development of international shipping standards under the auspices of the imo and their implementation in practice: a case study of thailand , adequacy of the ex post armed attack framework of the jus ad bellum in relation to the evolving means and methods of warfare , governing disputed maritime areas , what we say when we criminalise: a metanormative inquiry , testamentary law in england, c. 1450-1540 , sovereign immunity from execution of foreign arbitral awards in the 21st century , conceptualizations of addiction in harm reduction strategies for effective and ethical uk drug policy , liminality and the lived experience of law in medicine: the legal consciousness of physicians in encounters with people living as undocumented migrants , contested citizenship and statelessness in question: an anlysis of cases of overseas taiwanese people and tibetan exiles in taiwan , eternity and the constitution: the promise and limits of eternity clauses , hate speech in the british press: a theoretical and practical assessment of the case for broader regulation , liberty versus security under illiberal constitutionalism: the legality of criminalising humanitarian assistance in hungary and greece , operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device , worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism , development of law of the sea by unclos dispute settlement procedures: towards a coherent jurisprudence , evaluating the european union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression , reconciling reverse burdens of proof with the presumption of innocence: a new approach .

Stanford Law School's Theses and Dissertations Collection

• Early Thesis and Dissertation of Stanford Law School, 1929 to 1956
• Theses and Dissertations of Stanford Law School,1970-1995
• Stanford Program in International Legal Studies’ Theses, 1996 to 2010
• Stanford Law School’s Dissertations, 1996 to 2010
• Stanford Program in International Legal Studies Theses, 2011 to 2025

Collection Description

This collection contains Stanford Law School Students’ theses and dissertations written to fulfill the academic requirements for advanced degrees.   Historically, the collection of Theses and Dissertations were produced as part of the requirement coursework for receiving a Master of Laws (1933-1969), a Juris Doctor (1906-1932), or a Doctor of Jurisprudence.  

Currently, works received from students are produced under two different graduate programs.  Thesis are works were produced as part of the requirement for the Stanford Program in International Legal Studies (SPILS). SPILS was established in 1995 by Professors Lawrence Friedman and Thomas C. Heller, to educate international students, lawyers, judges, public officials, and other professionals trained in the study of law outside the United States.  Students in the SPILS Program are required to do interdisciplinary research that affects the global community.  The culmination of this program is a research project that each individual student develops over the course of the year under a faculty advisor, after which the earns a Master of the Science of Law degree.  The research project must demonstrate the student's ability to employ empirical methods of investigation and must addresses issues in the international community or within a specific country.  These can cover a large range of topics that analyze legal cultures, legal reforms, or public policy.  

Dissertations are produced under Doctor of Science of Law program or JSD.  The JSD program as we know it was revised for the Doctor of Jurisprudence in 1969 is designed for students who are interested in pursuing an academic career. Doctor of Science of Law Students are selected from the Stanford Program in International Legal Studies and those who have a postgraduate degree in Legal Studies.

All materials in this collection were donated by individual authors to the Stanford Law Library's Special Collections.

Collection Identity Number: LAW-3781

Finding Aid prepared by

Robert Crown Law Library Stanford, CA 94305-8610 Phone: 650.723-2477

• Last Updated: Dec 18, 2023 9:02 AM
• URL: https://guides.law.stanford.edu/c.php?g=1087208

• Stanford Home
• Maps & Directions
• Search Stanford
• Emergency Info
• Terms of Use
• Non-Discrimination
• Accessibility

© Stanford University , Stanford , California 94305 .

•   Home

Yale Law School Dissertations

Filter by category.

Publication Date Authors Titles Subjects

Search within this collection:

Recent Submissions

LEGISLATIVE AND JUDICIAL REORGANIZATIONIN PUERTO RICO.

The Three Faces of Bankruptcy Law

The Constitutional Protection of Property Rights in Argentina: A Reappraisal of the Doctrine of Economic Emergency

A Theory of Domestic Violence in International Law

The Constitution of Japan: An Unfinished Revolution

AT THE TURN OF THE TIDE: A FRAMEWORK FOR A POLICY-ORIENTED INQUIRY INTO STRATEGIES FOR THE TRANSFORMATION OF THE CONSTITUTIVE PROCESS OF AUTHORITATIVE DECISION IN MEXICO

NEGLIGENCE AS OPTIMIZATION PUZZLES: A NEW THEORY OF NEGLIGENCE

The Structure of Norms and Legal Uncertainty: A Framework for the Functional Analysis of Law as Transformed in Multi-Member Decision Mechanisms

Export search results.

The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.

• Cambridge Libraries

Resources for My Subject

Law: theses & dissertations.

• UK Legislation
• UK Case Law
• Parliamentary Proceedings
• Parliamentary Papers
• Crown Dependents
• Caribbean countries
• Netherlands
• New Zealand
• South Africa
• United States
• International Law
• Legal History
• Legal Language
• Referencing Guide
• Theses & Dissertations
• Criminology This link opens in a new window

Access to theses and dissertations from other institutions and from the University of Cambridge

This guide provides information on searching for theses of Cambridge PhDs and for theses of UK universities and universities abroad. 

For information and guidance on depositing your thesis as a cambridge phd, visit the cambridge office of scholarly communication pages on theses here ., this guide gives essential information on how to obtain theses using the british library's ethos service. .

On the last weekend of October, the British Library became the victim of a major cyber-attack. Essential digital services including the BL catalogue, website and online learning resources went dark, with research services like the EThOS collection of more than 600,000 doctoral theses suddenly unavailable. The BL state that they anticipate restoring more services in the next few weeks, but disruption to certain services is now expected to persist for several months. For the latest news on the attack and information on the restoration of services, please follow the BL blog here:  Knowledge Matters blog  and access the LibGuide page here:  British Library Outage Update - Electronic Legal Deposit - LibGuides at University of Cambridge Subject Libraries

A full list of resources for searching theses online is provided by the Cambridge A-Z, available here .

University of Cambridge theses

Finding a cambridge phd thesis online via the institutional repository.

The University's institutional repository, Apollo , holds full-text digital versions of over 11,000 Cambridge PhD theses and is a rapidly growing collection deposited by Cambridge Ph.D. graduates. Theses in Apollo can be browsed via this link . More information on how to access theses by University of Cambridge students can be found on the access to Cambridge theses webpage.   The requirement for impending PhD graduates to deposit a digital version in order to graduate means the repository will be increasing at a rate of approximately 1,000 per year from this source.   About 200 theses are added annually through requests to make theses Open Access or via requests to digitize a thesis in printed format.

Locating and obtaining a copy of a Cambridge PhD thesis (not yet available via the repository)

Theses can be searched in iDiscover .  Guidance on searching for theses in iDiscover can be found here .   Requests for consultation of printed theses, not available online, should be made at the Manuscripts Reading Room (Email:  [email protected] Telephone: +44 (0)1223 333143).   Further information on the University Library's theses, dissertations and prize essays collections can be consulted at this link .

Researchers can order a copy of an unpublished thesis which was deposited in print form either through the Library’s  Digital Content Unit via the image request form , or, if the thesis has been digitised, it may be available in the Apollo repository. Copies of theses may be provided to researchers in accordance with the  law  and in a manner that is common across UK libraries.  The law allows us to provide whole copies of unpublished theses to individuals as long as they sign a declaration saying that it is for non-commercial research or private study.

How to make your thesis available online through Cambridge's institutional repository

Are you a Cambridge alumni and wish to make your Ph.D. thesis available online? You can do this by depositing it in Apollo the University's institutional repository. Click here for further information on how to proceed.    Current Ph.D students at the University of Cambridge can find further information about the requirements to deposit theses on the Office of Scholarly Communication theses webpages.

UK Theses and Dissertations

Electronic copies of Ph.D. theses submitted at over 100 UK universities are obtainable from EThOS , a service set up to provide access to all theses from participating institutions. It achieves this by harvesting e-theses from Institutional Repositories and by digitising print theses as they are ordered by researchers using the system. Over 250,000 theses are already available in this way. Please note that it does not supply theses submitted at the universities of Cambridge or Oxford although they are listed on EThOS.

Registration with EThOS is not required to search for a thesis but is necessary to download or order one unless it is stored in the university repository rather than the British Library (in which case a link to the repository will be displayed). Many theses are available without charge on an Open Access basis but in all other cases, if you are requesting a thesis that has not yet been digitised you will be asked to meet the cost. Once a thesis has been digitised it is available for free download thereafter.

When you order a thesis it will either be immediately available for download or writing to hard copy or it will need to be digitised. If you order a thesis for digitisation, the system will manage the process and you will be informed when the thesis is available for download/preparation to hard copy.

See the Search results section of the  help page for full information on interpreting search results in EThOS.

EThOS is managed by the British Library and can be found at http://ethos.bl.uk . For more information see About EThOS .

World-wide (incl. UK) theses and dissertations

Electronic versions of non-UK theses may be available from the institution at which they were submitted, sometimes on an open access basis from the institutional repository. A good starting point for discovering freely available electronic theses and dissertations beyond the UK is the Networked Digital Library of Theses and Dissertations (NDLTD) , which facilitates searching across institutions. Information can also usually be found on the library web pages of the relevant institution.

The DART Europe etheses portal lists several thousand full-text theses from a group of European universities.

The University Library subscribes to the ProQuest Dissertations and Theses  (PQDT) database which from August 31 2023 is accessed on the Web of Science platform.  To search this index select it from the Web of Science "Search in" drop-down list of databases (available on the Documents tab on WoS home page)

PQDT includes 2.4 million dissertation and theses citations, representing 700 leading academic institutions worldwide from 1861 to the present day. The database offers full text for most of the dissertations added since 1997 and strong retrospective full text coverage for older graduate works. Each dissertation published since July 1980 includes a 350-word abstract written by the author. Master's theses published since 1988 include 150-word abstracts.

IMPORTANT NOTE: The University Library only subscribes to the abstracting & indexing version of the ProQuest Dissertations and Theses database and NOT the full text version.  A fee is payable for ordering a dissertation from this source.   To obtain the full text of a dissertation as a downloadable PDF you can submit your request via the University Library Inter-Library Loans department (see contact details below). NB this service is only available to full and current members of the University of Cambridge.

Alternatively you can pay yourself for the dissertation PDF on the PQDT platform. Link from Web of Science record display of any thesis to PQDT by clicking on "View Details on ProQuest".  On the "Preview" page you will see an option "Order a copy" top right.  This will allow you to order your own copy from ProQuest directly.

Dissertations and theses submitted at non-UK universities may also be requested on Inter-Library Loan through the Inter-Library Loans department (01223 333039 or 333080, [email protected] )

• << Previous: iDiscover
• Next: Criminology >>
• Last Updated: May 7, 2024 3:28 PM
• URL: https://libguides.cam.ac.uk/law

© Cambridge University Libraries | Accessibility | Privacy policy | Log into LibApps

Law Library

See Also: Hours Monthly View See Also: Hours Weekly View

Featured News

• New Books at the Law Library - 24/05/07
• New Books at the Law Library - 24/04/02
• New Books at the Law Library - 24/03/26
• New Books at the Law Library - 24/03/19

Allard School of Law Theses and Dissertations Abstracts & Full Text

To search for Peter A. Allard School of Law theses, please click on this Open Collections Search . Sample search strategy: change Search type from “Full Text” to “Abstract/Summary” and enter search terms in “Search for” box. Use quotation marks for phrases e.g. “aboriginal law”.

Print copies of most of these Allard School of Law theses are available in the Law Library level 3 at LE3.B7, arranged by year. For additional information about theses, see Theses Resources and Theses & Dissertations

• Browse by Year
• Browse by Author

Select a year 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 Go

Fitzpatrick , Jacqueline Hope (LL.M.) Deciding on ESG : the business judgment rule in Canada, Germany, and Delaware and its impact on corporate adoption of ESG ABSTRACT | FULL TEXT

Abaya-Habibullah , Ritchelle Aubrey (LL.M.) Trapped by a record : how information sharing between schools and police agencies perpetuate the school to prison pipeline ABSTRACT | FULL TEXT

Ellison , Hannah (LL.M.) Empowering autonomy : a novel approach to the right to accessible abortion : exploring realities from the perspective of abortion seekers in Canada and England and Wales ABSTRACT | FULL TEXT

Gilmour , Thomas (LL.M.) “Revitalizing” environmental assessment : interpreting the Environmental Assessment Act in light of the United Nations Declaration on the Rights of Indigenous Peoples ABSTRACT | FULL TEXT

Kim , Hyojung (LL.M.) A balance between flexibility and certainty in fair use : analysis of the compatibility of US fair use and Canadian fair dealing with Korean copyright law ABSTRACT | FULL TEXT

Muftau , Ismail (LL.M.) Overview of the African continental free trade area (AfCFTA) and challenges of implementation : Nigeria and South Africa’s implementation as case studies ABSTRACT | FULL TEXT

Nosek , Grace (Ph.D.) Climate discourse polluted : a cumulative effects analysis of the fossil fuel industry’s tactics to influence public discourse ABSTRACT | FULL TEXT

Peterson , Ryan (LL.M.) Applying context theory : the narrative of homelessness and law ABSTRACT | FULL TEXT

Vohra , Apurva (LL.M.) Social order in the age of artificial intelligence : the use of technology in migration governance and decision-making ABSTRACT | FULL TEXT

Yule , Alison Mary (LL.M.) Examining the judicial imposition of indeterminate sentences for dangerous offenders in Canada ABSTRACT | FULL TEXT

Aikenhead , Moira (Ph.D.) Canada’s criminal justice response to technology-facilitated intimate partner violence ABSTRACT | FULL TEXT

Bateman , C.G. (Ph.D.) Bishops on the bench : why Constantine legislated Christian bishops into the role of judges ABSTRACT | FULL TEXT

Eze , Chinenye Helen (LL.M.) Beyond finders keepers : bioprospecting, patents and human genetic materials ABSTRACT | FULL TEXT

Huberman , Magal (LL.M.) Between court and context : relocation cases in British Columbia ABSTRACT | FULL TEXT

Kucukali , Berna Tugce (LL.M.) The protection of AI-generated works under European copyright law : toward adoption of a neighbouring rights approach ABSTRACT | FULL TEXT

Leslie , Jason Stuart (Ph.D.) The financialization of housing in Canada and federally-backed mortgage securitization : public risks, private benefits ABSTRACT | FULL TEXT

Omotor , Stanley Oghenevwairhe (LL.M.) Sustaining the corporate income tax rates of small businesses in developing economies : lessons for Nigeria from Canada, South Africa, and the UK ABSTRACT | FULL TEXT

Ponomarenko , Iryna (Ph.D.) Towards a theory of deference in Canadian proportionality jurisprudence ABSTRACT | FULL TEXT

Rabbi , Nahid (LL.M.) Development-induced forcible displacement as a crime against humanity of forcible transfer of population under the Rome Statute ABSTRACT | FULL TEXT

Williams-Davidson , Terri-Lynn (LL.M.) Ts’uu JaasG̲alang hlG̲aajuu : cedar sisters framework ABSTRACT | FULL TEXT

Ajaja , Oluwaseun Oluwasegun (LL.M.) Deliberative democracy and problems of democratic governance in Nigeria ABSTRACT | FULL TEXT

Bolger , Ellen (LL.M.) Habeas corpus after Khela : dynamics attenuating prisoners’ rights ABSTRACT | FULL TEXT

Cornejo , Sofia (LL.M.) No parents left behind : a feminist and intersectional perspective on Canadian and Argentine parental leave laws ABSTRACT | FULL TEXT

Dzah , Godwin Eli Kwadzo (Ph.D.) Sustainable development : Africa’s hidden and not-so-hidden contribution to its law, politics, and history ABSTRACT | FULL TEXT

Edwards , Maxwell (LL.M.) Regulatory capture in Canadian environmental decision-making ABSTRACT | FULL TEXT

Martin , Thomas (LL.M.) Is global convergence of competition law the answer? How East Asian challenges demonstrate the limitations of the convergence strategy ABSTRACT | FULL TEXT

Oke , Oluwakemi Oluwafunmilayo (LL.M.) Implementing global norms in local contexts : evaluating the effectiveness of transparency and accountability in the Nigerian extractive sector ABSTRACT | FULL TEXT

Omotosho , Mariam Ololade (LL.M.) Impact of regulatory frameworks on informal cross border trade in Nigeria : a case study of the rice import restriction and border closure of 2019 ABSTRACT | FULL TEXT

Sankey , Jennifer M. (Ph.D.) Using Indigenous legal processes to strengthen Indigenous jurisdiction : Squamish Nation land use planning and the Squamish Nation assessment of the Woodfibre liquefied natural gas projects ABSTRACT | FULL TEXT

Ziyi , Yang (LL.M.) Family planning and gender discrimination in the workplace : an assessment of China’s two-child policy on women’s equality at work ABSTRACT | FULL TEXT

Return to top of page

Chapman , Alexandra (LL.M.) Walking the talk? Examining the EU and China’s claims to climate leadership in the negotiation and implementation of the Paris Agreement ABSTRACT | FULL TEXT

Caunt , Lachlan (Ph.D.) Deterrence in the law of negligence ABSTRACT | FULL TEXT

Cumming , Kaitlyn (LL.M.) Current trends in Canadian civil justice system reform : manufactured simplicity or equitable access to justice? ABSTRACT | FULL TEXT

Chizik , Natali Daiana (LL.M.) The implementation of trial by jury in Argentina : the analysis of a legal transplant as a method of reform ABSTRACT | FULL TEXT

Itamunoala , Sarah Tamunonengioforie (LL.M.) Plugging the drain : promoting environmental justice in the Niger Delta through judicial independence ABSTRACT | FULL TEXT

Maharaj , Krishneel (Ph.D.) An equitable approach to mitigation in contract ABSTRACT | FULL TEXT

Nickason , Millicent Frances (Ph.D.) Nation-building in 21st century Canada: the role of legitimacy in the transformation of Crown-First Nations relations ABSTRACT | FULL TEXT

Rainforth , George (LL.M.) How do the jurisdictions of India, Canada and the United Kingdom interpret the inventive step requirement for follow-on pharmaceutical innovation? ABSTRACT | FULL TEXT

Pilliar , Andrew (Ph.D.) Understanding the market for personal legal services to improve access to civil justice in Canada ABSTRACT | FULL TEXT

Russell , Shannon (LL.M.) Exploring the role of penetration in sexual offences in Canada ABSTRACT | FULL TEXT

Yorgun , Siobhan L. (Ph.D.) “Other” women in flight : sexual minority and polygynous refugee women ABSTRACT | FULL TEXT

Anika , Ijeamaka Elizabeth (LL.M.) New technology for old crimes? the role of cryptocurrencies in circumventing the global anti-money laundering regime and facilitating transnational crime ABSTRACT | FULL TEXT

Bazilli , Susan Margaret (Ph.D.) Exploring the route from Nairobi to Beijing plus twenty : feminist activist reflections on rights advocacy ABSTRACT | FULL TEXT

Bingyu , Liu. (Ph.D.) China’s state-centric approach to corporate social responsibility (CSR) abroad : a case study in Africa ABSTRACT | FULL TEXT

Dieleman , Carmelle (LL.M.) Preserving the Charter in administrative law : a critique of the Supreme Court of Canada’s decision in Law Society of British Columbia v. Trinity Western University ABSTRACT | FULL TEXT Gunn , Kathryn (LL.M.) Voices in the wilderness : Treaty 3 & the dissent of the supreme court in St. Catherine’s ABSTRACT | FULL TEXT

Makinde , Oludolapo ‘Toyosi (LL.M.) Developing corporate governance in Nigeria : lessons from a comparative analysis of Nigerian and Canadian corporate governance frameworks ABSTRACT | FULL TEXT

McCleery , Kyle Andrew (LL.M.) The paramount consideration : decision-making by the British Columbia Review Board in initial disposition decisions ABSTRACT | FULL TEXT

Mundorff , Kurt (Ph.D.) A cultural interpretation of the Genocide Convention ABSTRACT | FULL TEXT

Naef , Brendan (Ph.D.) The responsibility of home states for violations of international obligations by their corporate citizens in fragile states ABSTRACT | FULL TEXT

Neun , Heather (LL.M.) Law’s meanings for equality in the Americas : less impoverished visions for Canada ABSTRACT | FULL TEXT

Pauer , Stefan U. (Ph.D.) Border carbon adjustments in support of domestic climate policies : explaining the gap between theory and practice ABSTRACT | FULL TEXT

Rei-Anderson , Cody (LL.M.) What role for copyright in podcasting? : a study of crowdfunding and advertising models in an emerging medium ABSTRACT | FULL TEXT

Barta , Winston Victor (LL.M.) An analysis of the proposed regulatory reforms for derivatives trading in Canada ABSTRACT | FULL TEXT

Duruike , Princess (LL.M.) Climate change litigation and corporate accountability in Nigeria : the pathway to climate justice? ABSTRACT | FULL TEXT

Garcia , Regiane Alves (Ph.D.) Advancing citizen participation in health governance and the right to health in Brazil: the role of the national health council ABSTRACT | FULL TEXT

Hall , Margaret Isabel (Ph.D.) Rethinking the adult guardianship response : mental capacity and vulnerability in the context of dementia in old age ABSTRACT | FULL TEXT

Higham , Catherine (LL.M.) Reimagining responsibility : how human rights due diligence practices could inform judicial responses to climate accountability litigation ABSTRACT | FULL TEXT

Hrymak , Haley (L.L.M) The opioid crisis as health crisis, not criminal crisis : implications for the criminal justice system ABSTRACT | FULL TEXT

Joeck , Molly Emilia Esbenshader (LL.M.) Refugee protection at the edges : exclusion for serious criminality in Canada since Febles ABSTRACT | FULL TEXT

Lai , Amy T. Y. (Ph.D.) The right to parody : copyright and free speech in selected jurisdictions ABSTRACT | FULL TEXT

MacDonald , Susan D. (LL.M.) Sport slavery. The exploitation of teenagers by ‘mock-amateur’ for-profit sport cartels : a study of the National Collegiate Athletic Association (NCAA) & the Canadian Hockey League (CHL) : can law obtain compensation for these monetized young stars? ABSTRACT | FULL TEXT

Okeowo , Ademola Oladimeji (Ph.D.) The Nansen Initiative and the development of an international protection norm for cross-border disaster-displaced persons ABSTRACT | FULL TEXT

Olyaei , Shiva (Ph.D.) A critical analysis of the role of law and feminist legal approaches in women’s life advancement : a case study of the one million signatures campaign ABSTRACT | FULL TEXT

Pike , Sarah P. (LL.M.) Gilbert Malcolm Sproat, British Columbia Indian reserve commissioner (1876-1880), and the “humanitarian civilizing” of indigenous peoples ABSTRACT | FULL TEXT

Prebble , Zoë Margaret (Ph.D.) Overlapping criminal offences and gendered violence : what is overlap and when is it part of the problem of overcriminalisation? ABSTRACT | FULL TEXT

Alani , Aniz (LL.M.) In search of a marriage counsellor : a proposal for strengthening the enforcement of Canadian constitutional conventions as legal rules of political behaviour ABSTRACT | FULL TEXT

Cedillo Corral , Erika Marcela (Ph.D.) Arbitration and the public policy exception in Mexico : local exceptions to global standards ABSTRACT | FULL TEXT

Hassan , Maira (LL.M.) Making ‘space’ for women in Canadian peacekeeping : the battle of closing the gap ABSTRACT | FULL TEXT

Ledger , Matthew (LL.M.) The best interests of the child and the potential of collaborative family law : a critical analysis of collaborative lawyers’ perspectives on important issues in collaborative practice ABSTRACT | FULL TEXT

Li , Juan (Ph.D.) Legal culture of migrant construction workers in China ABSTRACT | FULL TEXT

Liang , Wenqin (Ph.D.) Governing China’s domestic carbon market ABSTRACT | FULL TEXT

Luesley , Andrew John Arthur (LL.M.) Playing the race card : racial bias in judicial decision-making ABSTRACT | FULL TEXT

Munnariz , Gerardo J. (Ph.D.) Indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in Peru ABSTRACT | FULL TEXT

Muquim , Naimul (LL.M.) Strangers to citizenship : an analysis of the deplorable conditions of the Urdu-speaking community in Bangladesh ABSTRACT | FULL TEXT

Nosek , Grace (LL.M.) Climate change litigation and narrative : how to use litigation to tell compelling climate stories ABSTRACT | FULL TEXT

Olarewaju , Temitayo (LL.M.) The quest for development in chaos : what crisis events reveal about Nigeria’s legal system ABSTRACT | FULL TEXT

Tepre , Paul (LL.M.) Liability deficit problem of multinational corporate groups : a proposal for legislative and judicial reform ABSTRACT | FULL TEXT

Villaseñor Rodriguez , Fernando (Ph.D.) The constitutionalization of the right to social security : a comparative analysis between Japan and Mexico ABSTRACT | FULL TEXT

Zegrean , Ivona-Elena (LL.M.) Consumer welfare and private actions for damages in European Union competition law ABSTRACT | FULL TEXT

Bassett,  Andrea (LL.M.) A more nuanced approach to environmental hazards? : a critical review of the existence, priorities and scope of the Minamata Convention on Mercury ABSTRACT | FULL TEXT

Cloutier de Repentingny , Pierre (LL.M.) The sustainability of biofuels : a principled lifecycle assessment of the 2009 European Union Renewable Energy Directive and its framework ABSTRACT | FULL TEXT

Hammond,  Ama Fowa (Ph.D.) Towards an inclusive vision of law reform and legal pluralism in Ghana ABSTRACT | FULL TEXT

Hao,  Si (Ph.D.) Alleviating the corporate social responsibility reporting-performance inconsistency : a tentative proposal of the “reflexive law plus” model ABSTRACT | FULL TEXT

Kerluke , Michelle (LL.M.) Canadian trademarks and keyword advertising : the unsettled debate over trademark keywords ABSTRACT | FULL TEXT

Kiyani , Asad Ghaffar (Ph.D.) International crime and the politics of international criminal theory ABSTRACT | FULL TEXT

Liao,  Carol (Ph.D.) For-profit, non-profit, and hybrid : the global emergence of legally ‘good’ corporations and the Canadian experiment ABSTRACT | FULL TEXT

Liu , Yue (Ph.D.) Autonomy of Chinese judges : dynamics of people’s courts, the CPP and the public in contemporary judicial reform ABSTRACT | FULL TEXT

Levesque , Jordan (LL.M.) The right to be forgotten : no solution to the challenges of the digital environment ABSTRACT | FULL TEXT

Manley-Casimir,  Kirsten (Ph.D.) Reconceiving the duty to consult and accommodate Aboriginal peoples : a relational approach ABSTRACT | FULL TEXT

Nash , Brett Jason (LL.M.) Confluence of the law of fresh water resources and international trade : do Canada’s international trade obligations apply to Canada’s fresh water resources? ABSTRACT | FULL TEXT

Vogl , Anthea Fay (Ph.D.) Refugee status determination, narrative and the oral hearing in Australia and Canada ABSTRACT | FULL TEXT

Zhang,  Yulin (Ph.D.) Impartial resolution of disputes in China : an intellectual property perspective ABSTRACT | FULL TEXT

Adamski , Olivia-Nathale (LL.M.) Convertible preferred stock : testing the legal framework of the U.S. venture capital model in China ABSTRACT | FULL TEXT

Braun , Joy Anne Fay (L.L.M) An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants} ABSTRACT | FULL TEXT

Bolton , Tessa (LL.M.) Potential and peril : incapacitation in the new age of international criminal law ABSTRACT | FULL TEXT

Caunt,  Lachlan (LL.M.) Hows, whys, and but-fors : theorizing, comparing and solution finding within the principle of material contribution to risk in the law of negligence ABSTRACT | FULL TEXT

Gibb-Carsley , John (L.L.M) Dealing with the dragon : what safeguards are required to make an extradition treaty between Canada and the People’s Republic of China conform to Canadian extradition law? ABSTRACT | FULL TEXT

Hawa , Husam Eddin (Ph.D.) Towards a higher standard for international disability rights and social justice : an Islamic perspective on the universal right to social welfare for people with special challenges ABSTRACT | FULL TEXT

Ifeonu , Eberechi (Ph.D.) An imperial beast of different species or international justice? : universal jurisdiction and the African Union’s opposition ABSTRACT | FULL TEXT

Johnston , Natalie (LL.M.) Interwoven legal traditions. The extent to which state based decision makers are engaging with indigenous legal traditions and the extent to which this is feasible : a celebration of an exceptional outcome ABSTRACT | FULL TEXT

Leslie , Jason (LL.M.) Pluralist moral theory in the philosophy and the legal form of the condominium ABSTRACT | FULL TEXT

Lund , Anna Jane Samis (Ph.D.) Discretionary decision-making by trustees in Canada’s personal bankruptcy system ABSTRACT | FULL TEXT

Luo , Jiajun (LL.M.) China toward Constitutionalism? Institutional development under the Socialist Rule of Law system ABSTRACT | FULL TEXT

Wojda , Magdalena A. (L.L.M) A focus on the risk of harm : applying a risk-centered purposive approach to the interpretation of “personal information” under Canadian data protection laws ABSTRACT | FULL TEXT

Abogado , Andrés (LL.M.) Mexican refugee claimants : cheating the system? ABSTRACT | FULL TEXT

Aikenhead , Moira (LL.M.) Revisions to Canada’s sentencing regime as a remedy to the over-incarceration of persons with mental disabilities ABSTRACT | FULL TEXT

Burnett , Tamara Ashley Margaret (LL.M.) Subtle expressions of gender inequality : exploring the application of aggravating and mitigating factors in sentencing decisions for sexual assault offences ABSTRACT | FULL TEXT

Clarkson , Alexander Ross (LL.M.) The jurisdiction to regulate aquaculture in Canada ABSTRACT | FULL TEXT

Cody , Michael (Ph.D.) Dialogic regulation : the talking cure for corporations ABSTRACT | FULL TEXT

Eluromma , Charles Onyehinim (LL.M.) Majority rule and minority protection in private corporations : a comparative appraisal of the problems and remedies under the Canadian and Nigerian jurisdiction ABSTRACT | FULL TEXT

Hawkshaw , Robert Stephen (LL.M.) Tax information exchange and the erosion of taxpayer privacy rights ABSTRACT | FULL TEXT

Jessiman,  Stacey Rae (LL.M.) Understanding and resolving cultural heritage repatriation disputes between indigenous peoples and museums ABSTRACT | FULL TEXT

Johnson , Michael Leonard (LL.M.) Guardianship law : doctrine, theory, objective ABSTRACT | FULL TEXT

Min , Jeewon (Ph.D.) Transnational law and borders in the Korean peninsula and beyond. ABSTRACT | FULL TEXT

Mosimann , Michael Peter (LL.M.) Corporate legal aspects of impact investments in British Columbia ABSTRACT | FULL TEXT

Ouatu , Marcela (LL.M.) Modified universalism for cross-border insolvencies : does it work in practice? ABSTRACT | FULL TEXT

Peihani , Maziar (Ph.D.) Basel committee on banking supervision : a post-crisis analysis of governance and accountability ABSTRACT | FULL TEXT

Ramirez-Espinosa , Naayeli Esperanza (Ph.D.) Indigenous struggles for land rights in Canada, Japan and Mexico : Delgamuukw, Nibutani Dam and Zirahuén ABSTRACT | FULL TEXT

Steenkamp , Tania (LL.M.) South Africa’s new bilateral investment treaty policy : a reasonable response to a flawed regime? ABSTRACT | FULL TEXT

Welch , Elizabeth Ann (LL.M.) Succumbing to the siren song : rape myths in sexual offender sentencing in B.C. ABSTRACT | FULL TEXT

Boardman , Charlotte Mary (LL.M.) Considering consideration : a critical and comparative analysis of the doctrine of consideration in the Anglo-Canadian common law ABSTRACT | FULL TEXT

Bowbrick , Graeme (LL.M.) Judicial compensation in Canada : an examination of the judicial compensation experience in selected Canadian jurisdictions 1990-2010 ABSTRACT | FULL TEXT

Cochran , Patricia (Ph.D.) “Common sense” and legal judgment : community knowledge, political power and rhetorical practice ABSTRACT | FULL TEXT

Djordjevic , Aleksandra (LL.M.) Has the international human rights paradigm failed lesbian, gay, bisexual and transgender people? If so, what can be done to fix it? ABSTRACT | FULL TEXT

Dyck , Jennifer (LL.M.) Stories from the front : realities of the over-incarceration of Aboriginal women in Canada ABSTRACT | FULL TEXT

Freckelton , Alan (LL.M.) The concept of deference in substantive review of administrative decisions in four common law countries ABSTRACT | FULL TEXT

Hilland , Andrea (LL.M.) Extinguishment by extirpation : the Nuxalk eulachon crisis ABSTRACT | FULL TEXT

Ilumoka , Adetoun Olabisi (Ph.D.) Legal imperialism and the democratisation of law: towards an African feminist jurisprudence on the development of land law and rights in Nigeria 1861-2011 ABSTRACT | FULL TEXT

Kaushal , Asha Pearl (Ph.D.) The jurisdiction of difference : groups and law ABSTRACT | FULL TEXT

Mackenzie , Ian Alan (LL.M.) Catching the fox : restricting the right to pre-trial silence in Canada ABSTRACT | FULL TEXT

Marsden , Sarah Grayce (Ph.D.) Law’s permissions, law’s exclusions : precarious migration status in Canada ABSTRACT | FULL TEXT

Parker , Sarah R. H. (LL.M.) Discretionary administrative decisions and the Charter of Rights : Doré and determining the “proportionate” balance ABSTRACT | FULL TEXT

Ponomarenko , Iryna (LL.M.) Proper proportions of law : justifying democratic credentials of proportionality analysis in constitutional adjudication ABSTRACT | FULL TEXT

Pudovskis , Matthew Stephen (LL.M.) Traditional ecological knowledge and environmental governance in Canada : the role of law and comprehensive agreements in facilitating incorporation ABSTRACT | FULL TEXT

Reayat , Irfan (LL.M.) Reconciling rhetoric and reality : putting “development” at the centre of the game ABSTRACT | FULL TEXT

Svanberg , Annika (LL.M.) “A unique approach to the liability of P2P intermediaries” : a comparative study of copyright liability of providers of peer-to-peer file sharing services in Canada and Sweden ABSTRACT | FULL TEXT

Wriley , Jennifer Lee (LL.M.) The evolution of credit bidding : its recent journey and logical next step ABSTRACT | FULL TEXT

Archer , Jennifer Lynne (LL.M.) Transcending sovereignty : locating Indigenous peoples in transboundary water law ABSTRACT | FULL TEXT

Au , Matthew Kingcheong (Ph.D.) Chinese socialism : an iterative perspective of the legal framework of market economies of the People’s Republic of China ABSTRACT | FULL TEXT

Dempsey , Alison Louise (Ph.D.) Principles, process, responsibility : exploring ethics as a meta-regulatory framework for evolving governance discourse ABSTRACT | FULL TEXT

Diab , Robert (Ph.D.), Imagined fears : from mass terror to authoritarian legality, and the future of liberal reform ABSTRACT | FULL TEXT

Donegá , Raul Pinheiro (LL.M.) Patterns of international financial regulation : a case study of sovereign wealth funds ABSTRACT | FULL TEXT

Ferguson , John A. (Ph.D.) International human trafficking in Canada : why so few prosecutions? ABSTRACT | FULL TEXT

Fixter , Brian L. (LL.M.) An ounce of prevention : the legal and business case for the implementation of workplace wellness programs ABSTRACT | FULL TEXT

Godwin- A Hart , Sotonye (LL.M.) Achieving synergy between international trade and human rights : a proposal for mainstreaming human rights in the WTO ABSTRACT | FULL TEXT

Howey , Kirsty (LL.M.) ‘Normalising’ what? Aboriginal land tenure reform in the Northern Territory of Australia ABSTRACT | FULL TEXT

Kaiser-Derrick , Elspeth (LL.M.) Listening to what the criminal justice system hears and the stories it tells : judicial sentencing discourses about the victimization and criminalization of Aboriginal women ABSTRACT | FULL TEXT

Kleefstra , Zelius (LL.M.) Correlation between break fee and asset purchase option regulation in Canada and its empirical effects ABSTRACT | FULL TEXT

Labman , Shauna Erin (Ph.D.) At law’s border : unsettling refugee resettlement ABSTRACT | FULL TEXT

Maharaj , Krishneel (LL.M.) The availability of gain-based damages for breach of contract ABSTRACT | FULL TEXT

McDonald , Morgan (LL.M.) The US federal courts’ deliberate approach : shaping their role in climate reform through procedural tools ABSTRACT | FULL TEXT

Nwapi , Chilenye (Ph.D.) Litigating extraterritorial corporate crimes in Canadian courts ABSTRACT | FULL TEXT

Parmar , Pooja (Ph.D.) Claims, histories, meanings : indigeneity and legal pluralism in India ABSTRACT | FULL TEXT

Pilliar , Andrew (LL.M.) Exploring a law firm business model to improve access to justice and decrease lawyer dissatisfaction ABSTRACT | FULL TEXT

Russo , Robert Marc (Ph.D.) Solidarity forever, Canadians never : SAWP workers in Canada ABSTRACT | FULL TEXT

Walter , Kerstin (LL.M.) Mind the gap : exposing the protection gaps in international law for environmentally displaced citizens of small island states ABSTRACT | FULL TEXT

Woolias , David (LL.M.) “To the advantage of all concerned” : practical and principle-based arguments for a revised remedy regime for unfair dismissal in Australia ABSTRACT | FULL TEXT

Allen , William Graham (LL.M.) Can we end the death penalty? The role of NGOs in the world-wide campaign ABSTRACT | FULL TEXT

de Freitas , Bruno Osmar Vergini (LL.M.) Restorative justice, intersectionality theory and domestic violence : epistemic problems in indigenous settings ABSTRACT | FULL TEXT

Eze , Nicholas Chinedu (LL.M.) Rethinking maritime delimitation and promoting joint development of petroleum: the Nigeria-Sao-Tome and Principe joint development model ABSTRACT | FULL TEXT

Kangave , Jalia (Ph.D.) Reconstituting the role of law in development-induced displacement and resettlement : lessons from Uganda’s Bujagali hydroelectric project ABSTRACT | FULL TEXT

Love , Helene (LL.M.) Age and ageism in the sentencing of older adults ABSTRACT | FULL TEXT

Trerise , Vicki Margaret (LL.M.) Aboriginal children and the dishonour of the Crown : human rights, ‘best interests’ and customary adoption ABSTRACT | FULL TEXT

David , Lisa (LL.M.) Wrongful Convictions : A Review and Assessment of Miscarriage of Justice in Canada ABSTRACT | FULL TEXT

Doelker , Andreas (LL.M.) Self-Regulation and Co-Regulation : Prospects and Boundaries in an Online Environment ABSTRACT | FULL TEXT

Eggen , Mirjam (LL.M.) Transparency Rules for Derivatives, Mutual Funds and Bonds : A Comparative Analysis of Canadian, Swiss and German Laws ABSTRACT | FULL TEXT

Fagbongbe , Mosope Doris (Ph.D.) Reconstructing Women’s Rights in Africa Using the African Regional Human Rights Regime : Problems and Possibilities ABSTRACT | FULL TEXT

Garbett , Tom (LL.M.) “Speak the speech, I pray you” : theatre, law and rights – a study ABSTRACT | FULL TEXT

Iyioha , Irehobhude Otibhor (LL.M.) Health governance, medical pluralism and the politics of integration : a legal theory for increasing access to healthcare ABSTRACT | FULL TEXT

Ji , Jianfeng (LL.M.) Protecting Minority Shareholders in Private Corporations : A Comparative Study From Canadian and Chinese Perspectives ABSTRACT | FULL TEXT

Kirchen Abegg , Ladina (LL.M.) Sex, Policies and Payroll ABSTRACT | FULL TEXT

Liao , Carol (LL.M.) Rethinking U.S. Corporate Governance Reform in the Wake of the Global Financial Crisis ABSTRACT | FULL TEXT

Mohan , Arun (LL.M.) Balancing the Other ‘Scale’ of Justice : Nurturing Work-Life Balance in the Legal Profession ABSTRACT | FULL TEXT

Mohs , Anne (LL.M.) Choice v. Equality : The Legal Recognition of Unmarried Cohabitation in Canada ABSTRACT | FULL TEXT

Niu , Jinhui (LL.M.) Recent Developments in Business Method Patents in the U.S. and the Implication to the People’s Republic of China : A Comparative Perspective ABSTRACT | FULL TEXT

Odumosu , Ibironke Tinuola (Ph.D.) ICSID, Third World Peoples and the Re-Construction of the Investment Dispute Settlement System ABSTRACT | FULL TEXT

Owen , Simon Matthew (LL.M.) The Ground Beneath our Speech : Moral Ordering in Plea-Based Criminal Justice ABSTRACT | FULL TEXT

Sevenoaks , Helen Mary Emma (LL.M.) The Remedy of Substantive Consolidation Under the Companies’ Creditors Arrangement Act : A Closer Examination of Domestic and Cross-Border Issues ABSTRACT | FULL TEXT

Sidsworth , Robin (LL.M.) Aboriginal Participation in the Vancouver/Whistler 2010 Olympic Games : Consultation, Reconciliation and the New Relationship ABSTRACT | FULL TEXT

Wang , Chao (Ph.D.) Redefining and Regulating Public Contracting in China : Comparative and International Perspectives ABSTRACT | FULL TEXT

Adams , Erik (LL.M.) A Critical Look at Determinate Theories of Causation in Law ABSTRACT | FULL TEXT

Bateman , Craig Garfield (LL.M.) Nicaea and Sovereignty : Constantine’s Council of Nicaea as an Important Crossroad in the Development of European State Sovereignty ABSTRACT | FULL TEXT

Guan , Wenwei (Ph.D.) Selective Adaptation and Legitimacy : Public-Private Dynamics in China’s TRIPS Compliance ABSTRACT | FULL TEXT

Milward , David leo (Ph.D.) Raven Grows New Feathers : Realizing Contemporary Indigenous Visions of Justice in Canada Through the Culturally Sensitive Interpretations of Legal Rights ABSTRACT | FULL TEXT

Schofield , Clive Howard (LL.M.) The Trouble with Islands ABSTRACT | FULL TEXT

Telesetsky , Anastasia M. (LL.M.) Insuring Against Future Climate Change : The Use of Mandatory Catastrophe Risk Insurance and Microinsurance to Promote Mitigation and Adaptation ABSTRACT | FULL TEXT

Alton , Louise Elizabeth (LL.M.) Creating Choices in the UK : Re-Imagining the Female Criminal Justice System ABSTRACT | FULL TEXT

Druzin , Bryan Howard (LL.M.) Norm Evolution Without the State : An Examination of the Unique Nature of Commercial Law ABSTRACT | FULL TEXT

Grewal , Rajbir Singh (LL.M.) Towards Integrity in Tax Law : The Problem of Form and Substance in Canadian Tax Jurisprudence ABSTRACT | FULL TEXT

Haggerty , Bernard P.(Ph.D.) Hate Crime Law & Social Contention : A Comparison of Nongovernmental Knowledge Practices in Canada & the United States ABSTRACT | FULL TEXT

Hauschildt , Jordan William Derek (LL.M.) Redefining Disrepute : Acknowledging Social Injustice and Judicial Subjectivity in the Critical Reform of Section 24(2) of the Charter ABSTRACT | FULL TEXT

Hodge , Fraser Douglas (LL.M.) Legal, Economic, and Industrial Relations Considerations in Workforce Integrations Following Corporate Mergers ABSTRACT | FULL TEXT

Ilg , Michael Peter (Ph.D.) The Diversity and Evolution of Competition : An Ideal Proposed for Regulatory Design ABSTRACT | FULL TEXT

Kolb , Andreas Stephan (LL.M.) The Responsibility to Protect : Legal Rights and Obligations to Save Humans from Mass Murder and Ethnic Cleansing ABSTRACT | FULL TEXT

McIntyre, Donald D.  (LL.M.) Two Roads – No Exit : An In-Camera Discourse on Negotiations in North America Today ABSTRACT | FULL TEXT

Barrios , Paula (Ph.D.) Liberal Environmentalism and the International Law of Hazardous Chemicals ABSTRACT | FULL TEXT

Chow , Catherine W. (LL.M.) Chinatown geographies and the politics of race, space and the law ABSTRACT | FULL TEXT

Begg , Michael (LL.M.) Legislating British Columbia : a history of B. C. land law, 1858-1978 ABSTRACT | FULL TEXT

Degoldi , Brett Raymond (LL.M.) Lawyers’ Experiences of Collaborative Family Law ABSTRACT | FULL TEXT

Diab , Robert (LL.M.) Terrorism and the Administration of Justice in Canada ABSTRACT | FULL TEXT

Jacyk , David William (LL.M.) Arbitration in WTO Disputes : The Forgotten Alternative ABSTRACT | FULL TEXT

Jin , Zhe (LL.M.) The Legal Environment of Corporate Income Taxation for FDI in China : Policy, Changes, Risks ABSTRACT | FULL TEXT

Kelly , Fiona Jane (Ph.D.) Transforming Law’s Family : The Legal Recognition of Planned Lesbian Families ABSTRACT | FULL TEXT

Labman , Shauna (LL.M.) The Invisibles : An Examination of Refugee Resettlement ABSTRACT | FULL TEXT

Lee , Hsiang-Hui Emily (Ph.D.) Comparative Studies on the Financial Holding Company Laws and Practices in the U.S. and Taiwan ABSTRACT | FULL TEXT

Nyborg , Anne Mette (LL.M.) Income Characterization and the Sharing of Global Tax Revenues in the Context of Electronic Commerce ABSTRACT | FULL TEXT

Olyaei , Shiva (LL.M.) “The Two Sides of the Same Coin” A Critical Study of the Freedom of Religious Expression on the Current Headscarf Controversies ABSTRACT | FULL TEXT

Sandgathe , Tracey Layne (LL.M.) Environmental Impact Assessment and the Promise of Eco-Pragmatism : A Consideration of the Canadian Environmental Assessment Act ABSTRACT | FULL TEXT

Stynes , Sean Cleary Stynes (LL.M.) Legal Ethics and Illegal Migrants : The Bounds of Ethical Conduct for Lawyers Helping ‘Illegals’ Become ‘Legal’ ABSTRACT | FULL TEXT

Baldassi , Cindy (LL.M.) Babies or Blastocysts, Parents or Progenitors? Embryo Donation and the Concept of Adoption ABSTRACT | FULL TEXT

Cavalier , Kenneth Richard (LL.M.) Balancing the Legal Teetertotter : Finding the Appropriate Weight for Creator and User Rights in Cyber Space ABSTRACT | FULL TEXT

Cody , Michael David (LL.M.) The Corporation is a Social Institution ABSTRACT | FULL TEXT

Collins , Lynda (LL.M.) Doctrine of Intergenerational Equity in Global Environmental Governance ABSTRACT | FULL TEXT

Crompton , Lynda Jean (LL.M.) Prisoners of democracy : the Lil’wat’s right to an impartial tribunal ; an analysis of the Lillooet Lake roadblock case ABSTRACT | FULL TEXT

MacMull , Joel Geoffrey (LL.M.) Revolutionary Continuity in China : Temporary Dislocations or Terminal Hemorrhaging? Exposing Recent Legal Reforms as Ideological Conformity ABSTRACT | FULL TEXT

McNamee , Ciaran (LL.M.) Changed Utterly? Continuity and Change in the Regulation of Irish Identities ABSTRACT | FULL TEXT

Parmar , Pooja (LL.M.) Revisiting the Human Right to Water ABSTRACT | FULL TEXT

Russ , Kelly Harvey (LL.M.) Modern Human Rights : The Aboriginal Challenge ABSTRACT | FULL TEXT

Russo , Robert Marc (LL.M.) Labour Development : The Improbable Reconciliation of Globalization with the Rights of Workers ABSTRACT | FULL TEXT

Taylor , Michael Brendan (LL.M.) Tax Policy and Tax Avoidance : The General Anti-Avoidance Rule from a Tax Policy Perspective ABSTRACT | FULL TEXT

Tsiakos , George (LL.M.) Refugee Protection for People with Mental Disabilities under International Law ABSTRACT | FULL TEXT

Chan , Tin Yan Kerensa (LL.M.) Modified Universality : The Best Model in Regulating Cross-Border Insolvency ABSTRACT | FULL TEXT

Chrest , Shelley (LL.M.) The Public Interest in Addressing Systemic Discrimination in British Columbia : A Comparison of Human Rights Enforcement Models ABSTRACT | FULL TEXT

Cordeiro , Jamil (LL.M.) The North-South Dimension of Health in the International Law of Environment and Sustainable Development ABSTRACT | FULL TEXT

Jamal , Soraya M. (LL.M.) Closing the Gap Between Tax Law and Family Law on Marital Breakup ABSTRACT | FULL TEXT

Keenan , Kelly Patricia (LL.M.) Developing Countries and the Right to Informed Decision-Making : Failures of the Cartagena Protocol on Biosafety ABSTRACT | FULL TEXT

Kent , Gerald N. (LL.M.) Ideas for Civil Justice Reform from the Classical Nepalese Legal System ABSTRACT | FULL TEXT

Kindt , Anne (LL.M.) International Criminal Justice : An Unattainable Goal or Current Reality? ABSTRACT | FULL TEXT

Levene , Rachael (LL.M.) Irregular Migrant Workers in the UK : A Story of Marginalization ABSTRACT | FULL TEXT

Mills , Patricia Dawn (Ph.D.) Reconciliation : Gitxsan Property and Crown Sovereignty ABSTRACT | FULL TEXT

Nussbaum , Matthias (LL.M.) Golden Handshakes and Golden Parachutes : Severance Packages for Corporate Executives ABSTRACT | FULL TEXT

Patch , Tom W. (LL.M.) Equal in Theory : An Assessment of Anti-Discrimination Statutes as Equality Tools for People with Disabilities ABSTRACT | FULL TEXT

Rush , Joan L. (LL.M.) Stillborn Autonomy: Why the  Representation Agreement Act  of British Columbia Fails as Advance Directive Legislation ABSTRACT | FULL TEXT

Simm , Gabrielle Anne (LL.M.) Exotic Others : Gender and Refugee Law in Canada, Australia and the United States ABSTRACT | FULL TEXT

Sokhansanj , Banafsheh (LL.M.) Chinese Migrant Children and Canadian Migration Law ABSTRACT | FULL TEXT

Tuomi , William Victor (LL.M.) Appropriating the Tools of Research : Patent Law and Biotechnology ABSTRACT | FULL TEXT

Walkem , Ardith Alison (LL.M.) Bringing Water to the Land : Re-cognize-ing Indigenous Oral Traditions and the Laws of Embodied Within Them ABSTRACT | FULL TEXT

Zeng , Hang (LL.M.) Antidumping and Competition : The Case of China ABSTRACT | FULL TEXT

Abt , Marianne Freiermuth (LL.M.) The Management of Diversity : Flexible Integration in Environmental Law Through Enhanced Cooperation in the EU and Harmonization in Canada ABSTRACT | FULL TEXT

Amigo , Natalia Guajardo (LL.M.) Arbitration to Resolve International Commercial Disputes under the Brazilian Arbitration Act : Is Brazil a Good Site for Arbitration? ABSTRACT | FULL TEXT

Barr , Olivia McLeod (LL.M.) The Inherent Right of Aboriginial Self-Government in Australia ABSTRACT | FULL TEXT

Botting , Gary (Ph.D.) Executive and Judicial Discretion in Extradition between Canada and the United States ABSTRACT | FULL TEXT

Gee , Karen (LL.M.) Professionalism, Self-Regulation, and the Problem of Dual Agency : the Residential Real Estate Industry in British Columbia ABSTRACT | FULL TEXT

Hausler , Kristin (LL.M.) Alternative Dispute Resolution and the Restitution of Stolen or Illegally Exported Cultural Property ABSTRACT | FULL TEXT

Hustins , Nancy-Louise (LL.M.) Paz sin Justicia? Argentina’s “Dirty War” and Gross Violations of Human Rights : Does Impunity Chttp://hdl.handle.net/2429/15277onform to International Human Rights Norms? ABSTRACT | FULL TEXT

Knight , Dean R. (LL.M.) Estoppel (principles?) in Public Law : The Substantive Protection of Legitimate Expectations ABSTRACT | FULL TEXT

Liu , Yanyan (LL.M.) Economic Dispute Resolution by Administrative Organs and Courts in China; From a Transparency Perspective ABSTRACT | FULL TEXT

Manley-Casimir , Michael E. (LL.M.) The Meaning of ‘Freedom of Conscience’ in the Canadian Charter of Rights and Freedoms : a Polyvocal Cultural Analysis ABSTRACT | FULL TEXT

Morris , Timothy James (LL.M.) Allocating Ground Water in the Great Lakes Basin : An Analysis of International and Domestic Law and Policy ABSTRACT | FULL TEXT

Riede , Lutz (LL.M.) Building Open Cultures : The Commons in a Digitally Networked Environment ABSTRACT | FULL TEXT

Sawicki , Marta Catherine (LL.M.) Application of the Right of Reproduction to the Internet : Should Browsing be Considered Copyright Infringement? ABSTRACT | FULL TEXT

Stevenson , Mark L. (LL.M.) The Métis Aboriginal Rights Revolution ABSTRACT | FULL TEXT

Stewart , Fenner L. (LL.M.) An Effective Reparations Regime for the International Criminal Court ABSTRACT | FULL TEXT

Stoeckel , Katherine Jane (LL.M.) Economics and the Equitable Utilization of Transboundary Freshwater ABSTRACT | FULL TEXT

Tousaw , Kirk I. (LL.M.) Criminalizing Pleasure : Cannabis Prohibition in Canada ABSTRACT | FULL TEXT

Tully , Erin McEachern (LL.M.) Climate Change Plan for Canada : Tax Policy and the Reduction of Greenhouse Gas Emissions ABSTRACT | FULL TEXT

Walewski , Paul M.A. (LL.M.) Combating International Terrorism : A Study of whether the Responses by the UK and US to the Events of 9/11 are Compatible with Respect for Fundamental Human Rights ABSTRACT | FULL TEXT

Yang , Jie (LL.M.) Who is at Risk? Is a Carrier under a Straight Bill of Lading Entitled to Deliver Goods to the Named Consignee without Presentation of the Original Bill of Lading? ABSTRACT | FULL TEXT

Barrios , Paula (LL.M.) The Rotterdam Convention on Hazardous Chemicals and Pesticides : A Meaningful Step Towards Environmental Protection? ABSTRACT | FULL TEXT

Cameron , Angela (LL.M.) Gender, Power and Justice : A Feminist Perspective on Restorative Justice and Intimate Violence ABSTRACT | FULL TEXT

Cunliffe , Emma (LL.M. 2003) Weeping on Cue : The Socio-legal Construction of Motherhood in the Chamberlain Case ABSTRACT | FULL TEXT

Fairlie , John (LL.M.) The Canadian Approach to Negligent Misrepresentation : A Critique of the Reliance Model of Liability ABSTRACT | FULL TEXT

Gao , Yan (LL.M.) Information Disclosure and Protection of Investors in China’s Securities Market ABSTRACT | FULL TEXT

Kelly , Fiona Jane (LL.M.) Conceptualizing the Child Through an Ethic of Care : Custody and Access Law Reform in Canada ABSTRACT | FULL TEXT

Lazarte , Patricia Gonzales (LL.M.) Mining, Environment and Communities in Peru : Two Case Studies of Canadian Investment ABSTRACT | FULL TEXT

Mercan , Dennis (LL.M.) Whistle Blowing in the Public Service of Canada ABSTRACT | FULL TEXT

Oguamanam , Chidi (Ph.D.) International Law, Plant Biodiversity and the Protection of Indigenous Knowledge : An Examination of Intellectual Property Rights in Relation to Traditional Medicine” ABSTRACT | FULL TEXT

Tshering , Norbu (LL.M.) A Comparison of Minority Shareholders’ Remedies in British Columbia and Bhutan ABSTRACT | FULL TEXT

Wang , Chao (LL.M.) National Treatment, Transparency, and Rule of Law : Evolving Issues on the Conformity of China’s Legal System with WTO’s Principles ABSTRACT | FULL TEXT

Wang , Chunyan (LL.M.) E-Commerce in China ABSTRACT | FULL TEXT

Aginam,  V. Obijiofor (Ph.D.) Salvaging the Global Neighborhood : Multilateralism and Public Health Challenges in a Divided World ABSTRACT | FULL TEXT

Bonini-Baraldi , Matteo (LL.M.) Equality for Same-Sex Couples : A Canadian Approach ABSTRACT | FULL TEXT

Buckley,  Melina (Ph.D.) Towards Transformative Human Rights Practices : A Reconsideration of the Role of Canadian Legal Institutions in Achieving Social Justice ABSTRACT | FULL TEXT

Charvat , Lori (LL.M.) Promises and Challenges of Internal Dispute Resolution in the Corporate Workplace ABSTRACT | FULL TEXT

Dorough,  Darlene (Dalee) Sambo (Ph.D.) The Status and Rights of Indigenous Peoples in International Law : The Quest for Equality ABSTRACT | FULL TEXT

Falconer , Louise Morag (LL.M.) Colonies, Condoms and Corsets : Fertility Regulation in Australia and Canada ABSTRACT | FULL TEXT

Ghedia  , Jayshree (LL.M.) Prisoners : Rights, Rhetoric and Reality ABSTRACT | FULL TEXT

Hall , Brooke (LL.M.) Native Title and the Tide of History : Shifting the Sands ABSTRACT | FULL TEXT

Johnson , Toni A.M. (LL.M.) A Step in the Pink Direction : The Intersection of National, Familial and Sexual Identity in Canada ABSTRACT | FULL TEXT

Klineberg , Joanne (LL.M.) Moral Involuntariness as a Principle of Excusing Conditions : What’s Choice Got to Do with It? ABSTRACT | FULL TEXT

Lothian , Lori Ann (LL.M.) Mapping Contested Terrain : The Doctrine of Failure to Protect in Canadian Criminal Law ABSTRACT | FULL TEXT

Oshynko , Norma Anne (LL.M.) No Safe Place : The Legal Regulation of Street Harassment ABSTRACT | FULL TEXT

Pesklevits , Richard Dale (LL.M.) Customary Law, the Crown and the Common Law : Ancient Legal Islands in the Post-Colonial Stream ABSTRACT | FULL TEXT

Ramage , Ian (LL.M.) Patenting Innovation : Intellectual Property Rights in the New Economy ABSTRACT | FULL TEXT

Starkl-Moser , Miriam (LL.M.) Internet and Human Rights ABSTRACT | FULL TEXT

Wilkinson , Suzanne (LL.M.) NAFTA, Mexico & Metalclad : Understanding the Normative Framework of International Trade Law ABSTRACT | FULL TEXT

Yang , Bonny (LL.M.) The Law with Two Faces ABSTRACT | FULL TEXT

Zhang , Jida (LL.M.) Foreign-Related Commercial Disputes Resolution in China after WTO ABSTRACT | FULL TEXT

Zhu , Yun (LL.M.) Trade and Environmental Protection Within the World Trade Organization Framework ABSTRACT | FULL TEXT

Baas , Susan Catherine (LL.M.) Protecting New Zealand Construction Subcontractors ABSTRACT | FULL TEXT

Bayer , Carolin Anne (LL.M.) Re-Thinking the Common Law of Defamation : Striking a New Balance Between Freedom of Expression and the Protection of the Individual’s Reputation ABSTRACT | FULL TEXT

Belcredi,  Carmen (LL.M.) The Evolution of Copyright : Napster and the Challenges of the Digital Age ABSTRACT | FULL TEXT

Binch , Russell John (LL.M.) Including the Excluded : A Minority Conception of Standing ABSTRACT | FULL TEXT

Chartier , Melanie (LL.M.) The Crown’s Duty to Consult with First Nations ABSTRACT | FULL TEXT

Cook , Graham (LL.M.) Importing GATT/WTO Jurisprudence into NAFTA Chapter Eleven to Define the Standards of International Investment Law ABSTRACT | FULL TEXT

Heidt , Anne-Katrin (LL.M.) Between Concepts and Context : Protection of “Personal Freedom”. A Comparative Case Study of German and Canadian Criminal Law ABSTRACT | FULL TEXT

Mercado , Josine Ruth Remorca (LL.M.) The Responsibility of the U.S. under International Law for the Legacy of Toxic Waste at the Former U.S. Bases in the Philippines ABSTRACT | FULL TEXT

Morris , Catherine Ann (LL.M.) Peacebuilding in Cambodia : Transforming Public Dialogue about Human Rights ABSTRACT | FULL TEXT

Radkova , Lenka (LL.M.) Moral Rights of Authors in International Copyright of the 21st Century : Time for Consolidation? ABSTRACT | FULL TEXT

Reddy , Venita-Sherryl (LL.M. ) Improving Compliance with the Law Prohibiting Genocide, War Crimes and Crimes against Humanity : Recalling the Human Factor ABSTRACT | FULL TEXT

Van Der Meide , Wayne (LL.M.) Who Guards the Borders of ‘Gay’? : An Examination of the Implications of the Extension of ‘Spousal’ Status to Queer People Who Experience Multiple Oppression ABSTRACT | FULL TEXT

Baker , Roy (LL.M.) Child Pornography in the Woodshed ABSTRACT | FULL TEXT

Bliss , James Robert Quartus (LL.M.) “A Criminal in One Place, a Gentleman in Another” : Regulating Early Canadian Gambling Venues ABSTRACT | FULL TEXT

Biukovic , Ljiljana (Ph.D.) Court Intervention in Arbitral Proceedings in Countries Adopting the UNCITRAL Model Law on International Commercial Arbitration : An Impact of Legal Culture on Reception (Case Studies of Canada, Hong Kong and Russia) ABSTRACT | FULL TEXT

Braithwaite , Murray James (Ph.D.) A Dynamics Theory of Justice : Nietzsche, Holmes, and Self-organizing Criticality ABSTRACT | FULL TEXT

Chen , Hsiao-Ting (LL.M.) Is Taiwan Ready for the Challenge of the WTO? : An Examination of Taiwan’s Import Safeguard Clauses from a Comparative Perspective ABSTRACT | FULL TEXT

Ghitter , Corinne Louise (LL.M.) Potential Value : A Challenge to the Quantification of Damages for Loss of Earning Capacity for Female and Aboriginal Plaintiffs ABSTRACT | FULL TEXT

Jackson , Andrew Lee (LL.M.) Federalizing the Conflict of Laws : Some Lessons for Australia from the Canadian Experience ABSTRACT | FULL TEXT

Kasai , Erika (LL.M.) Public Participation in Canadian Environmental Decision-making : Form Without Function? ABSTRACT | FULL TEXT

Lee , Joanne Elizabeth (LL.M.) The Right to Self-Determination : An International Criminal Law Perspective ABSTRACT | FULL TEXT

Liao , I-Hui Amy (LL.M.) Banking Reforms in Global Market : China and Taiwan ABSTRACT | FULL TEXT

MacDonald , Kelly A. (LL.M.) First Nations Child and Family Services : Whither Self-Governance? ABSTRACT | FULL TEXT

Marquis , Louis (Ph.D.) Why is There an International Commercial Uniform Law Rather Than Nothing? : A Postmodern Manifesto ABSTRACT | FULL TEXT

Oguamanam , Chidi Vitus (LL.M.) Biological Diversity and Intellectual Property Rights : The Challenge of Traditional Knowledge ABSTRACT | FULL TEXT

Ullrich , Dierk (LL.M.) Opening the Club – A Liberal Approach to Private Participation in the World Trade Organization’s Dispute Settlement System ABSTRACT | FULL TEXT

Xin , Jianhong (LL.M.) Court Mediation in China : Time for Reform ABSTRACT | FULL TEXT

Yamamoto , Yoko (LL.M.) Regulating Hate Propaganda in Japan : Canadian Hate Regulation and Japanese Minorities ABSTRACT | FULL TEXT

Yaron , Gil (LL.M.) Awakening Sleeping Beauty : Reviving Lost Remedies and Discourses to Revoke Corporate Charters ABSTRACT | FULL TEXT

Zanghellini , Aleardo (LL.M.) Homoerotica & Homophobia : Hatred, Pornography, and the Politics of Speech Regulation ABSTRACT | FULL TEXT

Aylwin , Jose Antonio (LL.M. ) Indigenous Peoples’ Rights in Chile and Canada : A Comparative Study ABSTRACT | FULL TEXT

Botting , Gary (LL.M.) Competing Imperatives : Individual Rights and International Obligations in Extradition from Canada to the U.S.A. ABSTRACT | FULL TEXT

Brown , C. Rebecca (LL.M.) Starboard or Port Tack? Navigating a Course to Recognition and Reconciliation of Aboriginal Title to Ocean Spaces ABSTRACT | FULL TEXT

Chen , Min (LL.M.) Abused Women and Their Protection in China ABSTRACT | FULL TEXT

Daly , Gillian (LL.M.) Social Rights : The Implications of Selective Constitutionalisation ABSTRACT | FULL TEXT

Horne , Andrew J. (LL.M.) Reviewable Transactions in Insolvency : The Recognition of Creditors’ Interests in “Subjective” and “Objective” Insolvency Regimes ABSTRACT | FULL TEXT

Hunter , Rebecca Winesanker (LL.M.) Canada’s International Posture on Human Rights : Consequences in the Domestic Domain ABSTRACT | FULL TEXT

Jutlah , Russell Sean (LL.M.) Great Lakes Environmental Policy : The Ecosystem Approach and an Economic Perspective ABSTRACT | FULL TEXT

Leger , Sylvie N. (LL.M.) “People” and “Minority” from Theory to Reality ABSTRACT | FULL TEXT

Lynch , Lorna (LL.M.) The Future of Remedies : Moving Beyond Divided Legal and Equitable Remedies in Canadian Law ABSTRACT | FULL TEXT

MacKenzie , David Richard (LL.M.) Many Paths to Modernity : Human Rights, Development and the World Bank ABSTRACT | FULL TEXT

Nielsen , Lene Spang Dyhrberg (LL.M.) Much Ado About (Almost) Nothing : The Youth Criminal Justice Act Paradigms & Paradoxes Within Canadian Youth Justice Philosophy ABSTRACT | FULL TEXT

Pahuja , Sundhya (LL.M.) Normalizing Pathologies of Difference : The Discursive Functions of IMF Conditionality ABSTRACT | FULL TEXT

Pearlston , Karen (LL.M.) “For the More Easy Recovery of Debts in His Majesty’s Plantations” : Credit and Conflict in Upper Canada, 1788-1809 ABSTRACT | FULL TEXT

Powell , Brenda Heelan (LL.M.) Uncertain Risk, Causation and Precaution in Toxic Tort Litigation ABSTRACT | FULL TEXT

San Roque , Mehera Rose (LL.M.) Popular Trials/Criminal Fictions/Celebrity Feminism and the Bernardo/Homolka Case ABSTRACT | FULL TEXT

Sundara Rajan , Mira T. (LL.M.) Developing Countries and the International Copyright Regime : The Neglected Issue of Cultural Survival ABSTRACT | FULL TEXT

Webb , Suzanne Nicola (LL.M.) The Drug Court; A Miracle or the Healer’s Hand? ABSTRACT | FULL TEXT

Alpeza , Tomislav (LL.M.) Debating Liberalism and Political Economy in the Changing Global Order ABSTRACT | FULL TEXT

Amba-Cuenca , Maria Dulce Cecilia B. (LL.M.) Social Clause in Trade Liberalization : An Agenda for the Philippines in APEC ABSTRACT | FULL TEXT

Barnsley , Paula Elizabeth (LL.M.) Understanding Economic Inequality for Women in Canada’s Retirement Income System : Reform, Restructuring and Beyond ABSTRACT | FULL TEXT

Beveridge , Barbara Jane (LL.M.) How Culture, Law, and Language are all Barriers to Effective Cross-Cultural Legal Communication, Specifically International Commercial Contracts ABSTRACT | FULL TEXT

Blehaut , Camille (LL.M.) A Comparison of the Role of the Judge in Alternative Dispute Resolution in France and British Columbia ABSTRACT | FULL TEXT

Campbell , Lyndsay Mills (LL.M.) The St. Clair Case and the Regulation of the Obscene in Pre-World War One Ontario ABSTRACT | FULL TEXT

Cuenca , Joseph Gerard B. (LL.M.) Filipina Live-In Caregivers in Canada : Migrants’ Rights and Labor Issues (A Policy Analysis) ABSTRACT | FULL TEXT

Davenport , Geoff (LL.M.) Bargaining in Good Faith in the New Zealand Labour Market : Rhetoric or Reality? ABSTRACT | FULL TEXT

Duncan , Emmet John (LL.M.) Challenging the Monologues : Toward an Intercultural Approach to Aboriginal Rights ABSTRACT | FULL TEXT

Hall , Margaret Isabel (LL.M.) The Child at the Centre : Rethinking Child Protection ABSTRACT | FULL TEXT

Hannigan , David (LL.M.) From Aboriginality to Governmentality : The Meaning of Section 35(1) and the Power of Legal Discourse ABSTRACT | FULL TEXT

Harris , Douglas (LL.M.) The Legal Capture of British Columbia’s Fisheries : A Study of Law and Colonialism ABSTRACT | FULL TEXT

Igbokwe , Virtus Chukwutoo (LL.M.) Public Policy and Privatised Justice : The Setting Aside of Arbitral Awards by National Courts of the Arbitral Situs ABSTRACT | FULL TEXT

Ikeda , Yoshifumi (LL.M.) Mareva Injunction and Japanese Provisional Remedy ABSTRACT | FULL TEXT

Jago , Jacqueline (LL.M.) Genocide, Culture, Law : Aboriginal Child Removals in Australia and Canada ABSTRACT | FULL TEXT

Lee , Emily Hsiang-Hui (LL.M.) “Can’t be Nailed Twice” : Avoiding Double Taxation by Canada and Tawain ABSTRACT | FULL TEXT

Mayer , Elizabeth (LL.M.) Who are You Calling a Child? The Limits on Street-involved Youth Using Legal Rights ABSTRACT | FULL TEXT

McCue , Lorna June (LL.M.) Treaty-making from an Indigenous Perspective : A Ned’u’ten – Canadian Treaty Model ABSTRACT | FULL TEXT

Okafor , Obiora Chinedu (Ph.D.) Re-Defining Legitimacy : International Law, Multilateral Institutions and the Problem of Socio-Cultural Fragmentation Within Established African States ABSTRACT | FULL TEXT

Ramshaw , Sara Lynne (LL.M.) Sign of the Times : Celebrity, Truth, and Legal Storytelling ABSTRACT | FULL TEXT

Ren , Ke (LL.M.) Re-Examining the Hostile Takeover ABSTRACT | FULL TEXT

Rigg , Jeremey (LL.M.) Performance under Pressure : The Impact of Coercive Authority upon Consent to Treatment for Sex Offenders ABSTRACT | FULL TEXT

Rochette , Annie (LL.M.) Rape of the World : An Ecofeminist Critique of International Environmental Law ABSTRACT | FULL TEXT

Stewart , Vivienne Hume (LL.M.) Foreign Investment in China’s Infrastructure : Finding the Balance Between Efficiency and Development or How to Attract Foreign Investment to Infrastructure Projects Without Selling the Country’s Soul to the Foreign Devils ABSTRACT | FULL TEXT

Van’t Westeinde , Jobine (LL.M.) Restorative Principles in the Criminal Justice System : Alternatives for Satisfying Justice? ABSTRACT | FULL TEXT

Yu , Linan (LL.M.) Internationalization of Chinese Patent Law and Practice ABSTRACT | FULL TEXT

Adeleke , Adewale Wale (LL.M.) The Need for Equitable Representation on and Increase in the Membership of the United Nations Security Council ABSTRACT | FULL TEXT

Bourbonnais , Brenda Susan (LL.M.) The Mother and Child Reunion : A Reconception of Child Custody Litigation and Mediation ABSTRACT | FULL TEXT

Ellis , Jaye Dana (LL.M.) Beyond Territoriality : International Regimes for the Control of Land-Based Marine Pollution ABSTRACT | FULL TEXT

Ezetah , Chinedu Reginald (LL.M.) Legitimate Governance and Statehood in Africa : Beyond the Failed State & Colonial Self-determination ABSTRACT | FULL TEXT

Harris , Sonia Ruth (LL.M.) The Road Back From Hell? : First Nations, Self-Government, and the Universal Goal of Child Protection in Canada ABSTRACT | FULL TEXT

Koshan , Jennifer (LL.M.) Doing the “Right” Thing : Aboriginal Women, Violence and Justice ABSTRACT | FULL TEXT

Lin , Hua-wei (LL.M.) Policy Analysis of Foreign Investment Companies Limited by Shares ABSTRACT | FULL TEXT

Liu , Jinrong (LL.M. 1997) Corporate Governance in Publicly-Held Companies : Lessons for China’s Companies Limited by Shares ABSTRACT | FULL TEXT

Lunny , Vincent Thomas (LL.M.) A Scottish Perspective on the Defence of Intoxication ABSTRACT | FULL TEXT

MacMillan , Craig S. (Ph.D.) A Modern Star Chamber : An Analysis of Ordered Statements in the Royal Canadian Mounted Police ABSTRACT | FULL TEXT

McCausland , Sally Peata (LL.M.) Protecting Aboriginal Cultural Heritage in Australia : Looking for Solutions in the Canadian Experience ABSTRACT | FULL TEXT

Ramsay , David Peter (LL.M.) Toward a New Wills Variation Act ABSTRACT | FULL TEXT

Russi , Raffaella (LL.M.) Exclusive Distribution Agreements and Competition Law : an Analysis ABSTRACT | FULL TEXT

Strebel , Felix D. (LL.M.) The Enforcement of Foreign Judgments and Foreign Public Law ABSTRACT | FULL TEXT

Sweeney , Desmond (LL.M.) The Recognition and Scope of Indigenous Fishing, Hunting and Gathering Rights at Common Law in Australia ABSTRACT | FULL TEXT

Wallrap , Albert Samuel (LL.M.) Admissibility of Novel Scientific Opinion – Unusual Bedfellows and Interdisciplinary Stories ABSTRACT | FULL TEXT

Yang , Xusheng (LL.M.) Securities regulation in China : A Study of its Path to Market Economy ABSTRACT | FULL TEXT

Allen , Bradley (LL.M.) Corporate Theory : Jurisprudence’s Heart of Darkness ABSTRACT | FULL TEXT

Barbour , Alan Norman (LL.M.) Judicial Respect for International Commercial Arbitraiton agreements in Canadian Courts Under the New York Convention and UNCITRAL Model Law ABSTRACT | FULL TEXT

Buss , Thomas (LL.M.) “Public Morals” and “Honest Practices” in German and Canadian Unfair Competition Law – A Proper Means of Responding to New Challenges? ABSTRACT | FULL TEXT

Chen , Jia (LL.M.) Western Countries’ Antidumping Laws Against Non-market Economy Countries and China’s Reaction ABSTRACT | FULL TEXT

Diepstraten , Frances (LL.M.) Prisons as Big Business ABSTRACT | FULL TEXT

Gallant , Mary Michelle (LL.M.) The Professionalization of Mediation ABSTRACT | FULL TEXT

Grattan , Donald Scott (LL.M.) People and Place as Norms in Multistate Tort Adjudication ABSTRACT | FULL TEXT

Grayson , James Warren (LL.M.) The Role of Government and the Constitutional Protection of Equality and Freedom of Expression in the United States and Canada ABSTRACT | FULL TEXT

Jardine , David Neil (LL.M.) Articulating the Realm of the Possible : Two Farm Marketing Boards and the Legal Administrative Field ABSTRACT | FULL TEXT

Kainthaje , Prashanth (LL.M.) The Intersection of Aboriginal Law and Aboriginal Rights in the Common Law Frameworks of Canada and Australia ABSTRACT | FULL TEXT

Kirby , Alison L. (LL.M.) Reflections on the Canadian Payments Systems : From Manual Clearing to Electronic Funds Transfers ABSTRACT | FULL TEXT

Kyle , Rosanne Marie (LL.M.) Aboriginal Use and Management of Fisheries in British Columbia ABSTRACT | FULL TEXT

Li , Jianyong (LL.M.) The China Labour Code : Its Major Issues and Improvement ABSTRACT | FULL TEXT

Lin , Chia-Chi Jackie (LL.M.) Foreign Access to Banking Markets in China and Taiwan ABSTRACT | FULL TEXT

McCann , Deirdre Maria (LL.M.) Women of No Importance? The Ontario Pay Equity Act and Low Paid Women ABSTRACT | FULL TEXT

Parker , David Richard (LL.M.) Beyond Command and Control : Do Voluntary Initiatives Hold Promise for Enhanced Environmental Protection? ABSTRACT | FULL TEXT

Reilly , Alexander (LL.M.) The Heart of the Matter : Emotion in the Criminal Law ABSTRACT | FULL TEXT

Robinson , Keith Liam Hamilton (LL.M.) The ‘Dangerousness’ Provisions of the Criminal Justice Act 1991 – A Risk Discourse? ABSTRACT | FULL TEXT

Theodorakis , Tom (LL.M.) The New Canada-U.S. Tax Treaty and the Limitation on Benefits Provision : a Justifiable Compromise? ABSTRACT | FULL TEXT

Tremblay , Janie (LL.M.) The General Anti-Avoidance Rule : Has it Changed the Face of Tax Avoidance? ABSTRACT | FULL TEXT

Wang , Feihong (LL.M.) Reforming the Chinese State-owned Enterprise : A Law and Economics Perspective ABSTRACT | FULL TEXT

Biukovic , Ljiljana (LL.M.) Supervening Illegality and International Commercial Arbitration ABSTRACT | FULL TEXT

Bradshaw , Edward Charles (LL.M.) The Use of Automated Document Structuring and Classification Methods in the Legal Domain ABSTRACT | FULL TEXT

Buss , Doris Elisabeth (LL.M.) Crossing the Line : Feminist International Law Theory, Rape and the War in Bosnia-Herzegovina ABSTRACT | FULL TEXT

Gudmundsdottir , Dora (LL.M.) Problems of Legitimacy Regarding the European Convention on Human Rights : Formalism, Fuzziness, or Lack of Theory ABSTRACT | FULL TEXT

Hall , Christopher Brian (LL.M.) Matter or Mirage? The Public Policy Rationale for Section 9 of the Fair Trading Act 1986 (N.Z.) ABSTRACT | FULL TEXT

Horwitz , Nicole J. (LL.M.) Primary Caregiving and “Mothers with a Difference” : A Feminist Analysis of Developments in Custody Law ABSTRACT | FULL TEXT

Kremzner , Mark Thaddeus (LL.M.) Property Concepts and Institutions in China : Does Tradition Abide? ABSTRACT | FULL TEXT

Mikus , Rudolf Alexander (LL.M.) The Reasonable Person in Substantive Canadian Criminal Law ABSTRACT | FULL TEXT

Mueller , Holger (LL.M.) The Adoption of the UNCITRAL Model Law by the Federal Republic of Germany in the Light of British Columbia’s Experiences ABSTRACT | FULL TEXT

Okafor , Obiora Chinedu (LL.M.) The Concept of Legitimate Governance in the Contemporary Municipal and International Legal Systems : An Interdisciplinary Analysis ABSTRACT | FULL TEXT

Rajan , Cindy L. (LL.M.) International Trade and Taxation : The GATT and Domestic Tax Policy ABSTRACT | FULL TEXT

Reynolds , Larry A. (LL.M.) New Directions for Environmental Impairment Insurance in Canada ABSTRACT | FULL TEXT

Rose  Gregory John (LL.M.) Forfeiting Legal Fees with Proceeds of Crime : The Ability of Accused Persons to Pay ‘Reasonable Legal Fees’ out of Alleged Proceeds of Crime ABSTRACT | FULL TEXT

Tong , Dawna (LL.M.) Gatekeeping in Canadian Law Schools : A History of Exclusion, the Rule of “Merit”, and a Challenge to Contemporary Practices ABSTRACT | FULL TEXT

Willenbrock , Christel (LL.M.) Policy Analysis of Waste Management Legislation in Canada and Germany with a Focus on the Polluter Pays Principle ABSTRACT | FULL TEXT

Ziegelwanger , Vera (LL.M.) Plea Bargaining : A Comparative Study of Austrian and Canadian Law ABSTRACT | FULL TEXT

Amos , Jude Thaddeus (LL.M.) The Regulation of Direct Foreign Investment Under the Canada-United States Free Trade Agreement ABSTRACT | FULL TEXT

Barnes , Nana Kojo (LL.M.) The Legitimacy of the United Nations’ Use of Armed Force in Defence of the Fundamental Human Rights of Nationals ABSTRACT | FULL TEXT

Beveridge , Anne Elizabeth (LL.M.) The Body as Excuse; Biology, Sex and Crime : Intersection of Science, Gender and Law ABSTRACT | FULL TEXT

Bodie , J. Scott (LL.M.) The NAFTA’S Institutions and Dispute Resolution Mechanisms : A Case for Public Participation ABSTRACT | FULL TEXT

Fegan , Eileen Veronica (LL.M.) Abortion, Law and the Ideology of Motherhood : New Perspectives on Old Problems ABSTRACT | FULL TEXT

Glynos , Leonidas Jason (LL.M.) Psychoanalytic Theory in the Context of a Transformative Politics ABSTRACT | FULL TEXT

Henderson , Emma Marilyn (LL.M.) Ideology, Social Control, and the Private Facts Tort ABSTRACT | FULL TEXT

Hosking , David Leigh (LL.M.) Accessibility Rights for Disabled People ABSTRACT | FULL TEXT

Kelly , Katrina Robertson (LL.M.) Public and Private Information : The Access Dichotomy ABSTRACT | FULL TEXT

Kirk , Elizabeth Agnes (LL.M.) The Changing Shape of Sovereignty in International Environmental Law ABSTRACT | FULL TEXT

Li , Yuguo (LL.M.) China and GATT : A Comparative Study on the Issues of Mainland China, Hong Kong and Taiwan in International Organizations ABSTRACT | FULL TEXT

Middleton , Kirsty Giselle (LL.M.) A Reappraisal of Humanitarian Intervention ABSTRACT | FULL TEXT

Millbank , Jenni (LL.M.) What Do Lesbians Do? : Motherhood Ideology, Lesbian Mothers and Family Law ABSTRACT | FULL TEXT

Mosoff , Judith (LL.M.) Motherhood, Madness, and the Role of the State ABSTRACT | FULL TEXT

Sidebothom , Naomi Elizabeth (LL.M.) Jurisidictional Review : An Error of Jurisdiction or Jurisprudence? ABSTRACT | FULL TEXT

Terrett , Andrew J. (LL.M.) Neural Networks for Legal Quantum Prediction ABSTRACT | FULL TEXT

Yamauchi , Keith Dennis (LL.M.) The Reorganization of Insolvent Businesses : A Functional Comparison of the Canadian and American Models ABSTRACT | FULL TEXT

Zhang , Yulin (LL.M.) International Arbitral Jurisdiction ABSTRACT | FULL TEXT

Aucoin , Louise (LL.M.) Environmental Audits : A Multi-Stakeholder Perspective ABSTRACT | FULL TEXT

Beteta , Armando F. (LL.M.) International Trade and Legal Modernization : Effects of Mexico’s Membership on the North America Free Trade Agreement ABSTRACT | FULL TEXT

Braithwaite , Murray James (LL.M.) Prolegomena to a Postmodern Theory of Law ABSTRACT | FULL TEXT

Cai , Tong (LL.M.) Control of Land-Based Marine Pollution in Southeast Asia : A Legal Perspective ABSTRACT | FULL TEXT

Colvin , Craig Grierson (LL.M.) Prometheus Unbound : Towards the More Precise Proscription of the Socially Undesirable Market Conduct Associated with Dominance ABSTRACT | FULL TEXT

Edwards , Richard Charles Edwards (LL.M.) The Legal Fact as a Work of Art : Artificial Intelligence and the Pragmatics of Legal Interpretation ABSTRACT | FULL TEXT

Findlay , Caroline K.H. (LL.M.) Pollution Control, Administrative Discretion, and Science : A Journey Through the Maze of Environmental Law ABSTRACT | FULL TEXT

Horner , Jessie Joyce (LL.M.) Sexual Assault : Public Debate and Criminal Law Reform ABSTRACT | FULL TEXT

Nowlin , Christopher Jon (LL.M.) Sexist Implications of Law’s Fidelity to Science and Reason ABSTRACT | FULL TEXT

Oyama , Kuniko (LL.M.) Legal Controls on Corporate Management in Japan : Comparison with Common Law Jurisdictions ABSTRACT | FULL TEXT

Qi , Xiaodong (LL.M.) A Comparative Study of the Ownership Control vs. Management Right Issue Between the Chinese Enterprise Laws and Canadian Corporate Laws< ABSTRACT | FULL TEXT

Reindel , Florian (LL.M.) Inter-American Human Rights Protection : How Methods and Rules of Interpretation are Being Framed ABSTRACT | FULL TEXT

Smallwood , Kate Penelope (LL.M.) Coming out of Hibernation : The Canadian Public Trust Doctrine ABSTRACT | FULL TEXT

Xin , Kelei (LL.M.) The Role of Law and Policy in the Offshore Petroleum Development of China ABSTRACT | FULL TEXT

Yan , Yibing (LL.M.) A Non-Market Economy’s Admission to the General Agreement on Tariffs and Trade – China’s Unique Situation ABSTRACT | FULL TEXT

Yin , Li (LL.M.) A Comparative Study of the Contract Remedy Systems Between Anglo-American and Chinese Law ABSTRACT | FULL TEXT

Banks , Nancy Kathleen (LL.M.) All I’m Asking for is a Little Respect : Equality Rights and Same-Sex Spousal Benefits ABSTRACT | FULL TEXT

Burns , Wayne Douglas (LL.M.) Thailand and International Law ABSTRACT | FULL TEXT

Frankenberger , Anke (LL.M. ) Regulations and Their Review in the People’s Republic of China ABSTRACT | FULL TEXT

Jamieson , Eugene Christopher (LL.M.) The Legality of the New Industrial Relations ABSTRACT | FULL TEXT

Johnston , William Wayne (LL.M.) Autonomous Aboriginal Criminal Justice and the Charter of Rights ABSTRACT | FULL TEXT

Leane , Geoffrey W.G. (LL.M.) “Environmental Law” or “Development Law” : Deconstructing Liberal Guilt ABSTRACT | FULL TEXT

Michie , Jane Heddle (LL.M.) Tax Avoidance : The Canadian Experience ABSTRACT | FULL TEXT

Nakamura , Miyako (LL.M.) Women Workers in Export Processing Zones in Asia : A Political Economy Perspective ABSTRACT | FULL TEXT

Omonuwa , Adesuwa Nore (LL.M.) The European Communities and African, Caribbean and Pacific (ACP) Countries : Political, Economic and Legal Effects of the Single European Act 1986 on Post-1992 Economic Relations ABSTRACT | FULL TEXT

Rankin , Mark W.J. (LL.M.) The Role of a Board of Directors in Responding to an Unsolicited Takeover Bid ABSTRACT | FULL TEXT

Riihijarvi,  , Marja Kristiina (LL.M.) Penalizing Corporations for Environmental Offences : A Comparative Study of the Canadian Experience and the Finnish Law Proposal ABSTRACT | FULL TEXT

Walker , Patrick (LL.M.) Crown-Aboriginal Fiduciary Relationships : False Optimism or Realistic Expectations? ABSTRACT | FULL TEXT

Al Sheddi , Abdullah (LL.M.) The legal regime of international straits : a case study of the legal and political implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Anyadiegwu , Okay Hyacinth (LL.M.) Minority Shareholder’s Remedies in Corporate Law ABSTRACT | FULL TEXT

Bowman , John Ramsay (LL.M.) Cruel and Unusual Punishment : Prisoner’s Rights in the 1990’s ABSTRACT | FULL TEXT

Kimber , Cliona Janet Marie (LL.M.) Self-Determination for Women ABSTRACT | FULL TEXT

La’Cassie , Marguerite Helen (LL.M.) Disasters in the Offshore : Are Regulators Learning Their Lessons? ABSTRACT | FULL TEXT

Sheddi , Abdullah Al (LL.M.) The Legal Regime of International Straits : A Case Study of the Legal and Political Implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Sievers , Monika (LL.M.) Liberalization of Foreign Direct Investment : Europe 1992 and the U.S.-Canada Free Trade Agreement ABSTRACT FULL TEXT

Wright , David Malcolm (LL.M.) Fiduciaries in a Commercial Context ABSTRACT | FULL TEXT

Zafar , Yasmeen (LL.M.) Feminism, Psychoanalysis and Postmodernism : Bridgin the Discourses ABSTRACT | FULL TEXT

Al-Ajaji , Mohammed S.M. (LL.M.) The League of Arab States and the Promotion and Protection of Human Rights ABSTRACT | FULL TEXT

Aqorau , Transform (LL.M.) Tuna Management and UNCLOS : Implementation of UNCLOS throught the Forum Fisheries Agency ABSTRACT | FULL TEXT

Carver , Peter John (LL.M.) Millar v. Taylor (1769) and the New Property of the Eighteenth Century ABSTRACT | FULL TEXT

German , Peter Maurice (LL.M.) Confiscating the Proceeds of Crime : The Amendments of Canada’s Criminal Code, their Force and Effect ABSTRACT | FULL TEXT

Kowalski , Andrzej (LL.M.) Beyond rule-based legal expert systems : using frames and case-based reasoning to analyze the tort of malicious prosecution ABSTRACT | FULL TEXT

Paton , Elizabeth Katrine (LL.M.) Privacy Law and the Media ABSTRACT | FULL TEXT

Pawluk , Lorna A. (LL.M.) Variable Compensation in British Columbia ABSTRACT | FULL TEXT

Sigrist , Pierre (LL.M.) Standby Letters of Credit and Fraud ABSTRACT | FULL TEXT

Violet , Ian (LL.M.) The Allocation of Responsibility for the Maintenance of the Single Parent Family ABSTRACT | FULL TEXT

Xia , Yao Yuan (LL.M.) Reconciliation of Non-Market Economies : GATT Trade Rules ABSTRACT | FULL TEXT

Bell , Catherine Edith (LL.M.) Metis Aboriginal Title ABSTRACT | FULL TEXT

Candelaria , Sedfrey Martinez (LL.M.) State Responsibility and International Financial Obligations : A Case Study of the International Monetary Fund Stand-By Arrangements with Developing Country Members ABSTRACT | FULL TEXT

Chukwumerije , Okezie (LL.M.) Soveriegn Immunity and Transnational Arbitration ABSTRACT | FULL TEXT

Kajoba , Moses (LL.M.) The Human and Peoples’ Rights and Armed Conflicts in Africa ABSTRACT | FULL TEXT

Moorman , David Guy (LL.M.) Vertical Restraints in the Distribution Process Under New Zealand Competition Law ABSTRACT | FULL TEXT

Orie , Kenneth Kanu (LL.M.) Managing the Less Developed Countries’ Debt Problem ABSTRACT | FULL TEXT

Osborne , Judith Anne (LL.M.) The Legal Status of Lottery Schemes in Canada : Changing the Rules of the Game ABSTRACT | FULL TEXT

Simpson , Gerry J. (LL.M.) The Right of Secession in International Law : A New Theory of Legitimacy ABSTRACT | FULL TEXT

Amighetti , Leopold (LL.M.) Testamentary Freedom Against Provisions for Families; The Evolution of Dependents’ Relief Legislation, with Particular Emphasis on the Province of British Columbia, as a Flexible Restraint on Testamentary Freedom ABSTRACT | FULL TEXT

Anderson , Harold Andreas (LL.M.) Economic Analysis of Risk to Goods in Transit ABSTRACT | FULL TEXT

Black , Alexander Joseph (LL.M.) Canadian Natural Gas Deregulation ABSTRACT | FULL TEXT

Blackman , Susan Jane (LL.M.) Expert Systems in Case-Based Law : The Rule Against Hearsay ABSTRACT | FULL TEXT

Harders , Johannes Enno (LL.M.) Environmental Protection of the Circumpolar Arctic Waters : A comparative Study and an Appraisal of the National Regulatory Systems ABSTRACT | FULL TEXT

Hughes , Elaine Lois (LL.M.) The Development of Ocean Incineration Law in Canada ABSTRACT | FULL TEXT

Hunter , Fiona (LL.M.) A Trust as an Alternative to a Will? ABSTRACT | FULL TEXT

Jackson , Michael Ian (LL.M.) Subrogation, Suretyship, and the Law of Restitution ABSTRACT | FULL TEXT

Smith , Donald Myles (LL.M.) Title to Indian Reserves in British Columbia : A Critical Analysis of Order in Council 1036 ABSTRACT | FULL TEXT

Williams , Joseph Victor (LL.M.) Te Mana Motuhake Me Te Iwi Maori : Indigenous Self Determination ABSTRACT | FULL TEXT

Deedman , G.C. (LL.M.) Building Rule-Based Expert Systems in Case-Based Law ABSTRACT | FULL TEXT

Gardner , Alexander Walter (LL.M.) Negotiation and Agreements in Integrated Resources Management ABSTRACT | FULL TEXT

Hutchings , Patricia Margaret (LL.M.) The Argument for the Application of the Royal Proclamation of 1763 to British Columbia : Its Force and Effect ABSTRACT | FULL TEXT

Kaufmann , Manfred Max (LL.M.) Unjust Enrichment and the Recovery of Money Mistakenly Paid ABSTRACT | FULL TEXT

Meredith , Deborah Jean (LL.M.) Consumer Protection in the Condominium Purchase – The Purchaser’s Perspective ABSTRACT | FULL TEXT

Nakayama , Kiyoshi (LL.M.) Transfer Pricing Taxation – Canadian Perspective and Japanese Perspective ABSTRACT | FULL TEXT

Reuter , Michael F.M. (LL.M.) Some Implications of the Canadian Tax Law on Foreign Investments in Canada – A German Perspective ABSTRACT | FULL TEXT

Rowntree , Lenore Ruth (LL.M.) Innovations in the Law of Lending : A Study of the Participation Mortgage and a Proposal for Reform of the Law of Commercial Mortgages ABSTRACT | FULL TEXT

Urapeepatanapong , Kitipong (LL.M.) Legal Aspects of Countertrade under the General Agreement on Tariffs and Trade and the National Laws of Canada and Thailand ABSTRACT | FULL TEXT

Ishikawa , Shoichiro (LL.M.) Electronic Surveillance and the Police : A Comparative Study of the Canadian and Japanese Systems ABSTRACT | FULL TEXT

Orr , Stewart Douglas (LL.M.) An Analysis of Heritage Property Legislation : Balancing the Public Interest with Protection for the Property Owner ABSTRACT | FULL TEXT

Sharma , Kavita A. (LL.M.) Ownership and Control of Foreign Direct Investment : India and Canada ABSTRACT | FULL TEXT

Dent , Douglas Edward (LL.M.) The Small Business deduction and a Canadian Tax on Unreasonable Accumulations ABSTRACT | FULL TEXT

Johnson , Patricia Anne (LL.M.) The Taxation of Trust Income : Some Inherent Problems and Comparative Perspectives ABSTRACT | FULL TEXT

Jones-Desjarlais , Jennifer Lynn (LL.M.) The Scales of Justice or the Native Claim to the Management of Reserve Fisheries ABSTRACT | FULL TEXT

Rozefort , Wallace (LL.M.) Criminal Prosecution, the Defence of Religious Freedom and the Canadian Charter ABSTRACT | FULL TEXT

Smeltzer , Gerald Gilbert (LL.M.) Legal Rights to Information and Skilled Employees in the Computer Industry ABSTRACT | FULL TEXT

Ward , Ian Robert (LL.M.) Misleading Government Information : An Analysis of the Legal Remedies Available to the Affected Citizens ABSTRACT | FULL TEXT

Barton , Barry John (LL.M.) Surface Rights Under the Mineral Act of British Columbia ABSTRACT | FULL TEXT

Sarpong , George Agyemang (LL.M.) The Impact of the Law of the Sea Convention on Vessel-Source Pollution Enforcement in the Exclusive Economic Zone ABSTRACT | FULL TEXT

Sutherland , Elaine Elizabeth (LL.M.) The Development of the Implied Terms on Quality and Fitness in Sale of Goods in Britain and Canada ABSTRACT | FULL TEXT

Umaru , Juliet Lami (LL.M.) Choice of Law in International Commercial Arbitration ABSTRACT | FULL TEXT

Zafer , Muhammad Masoud Uz (LL.M.) Strikes in Essential Services in British Columbia ABSTRACT | FULL TEXT

Dennis , Sally (LL.M.) Gifts to Unincorporated Associations ABSTRACT | FULL TEXT

Hand , Mary (LL.M.) Divisible Assets in Common Law Canada ABSTRACT | FULL TEXT

Imai , Hiroshi (LL.M.) The Role of Case Law in Japan : A Comparative Study of Japanese and Canadian Company Law ABSTRACT | FULL TEXT

Jessiman , John Lewis Jon (LL.M.) A Second Look at the Mareva Injuction ABSTRACT | FULL TEXT

Joseph , Philip Austin (LL.M.) The Policies Underlying Interest Dispute Settlement in British Columbia and New Zealand ABSTRACT | FULL TEXT

Toriumi , Tetsuro (LL.M.) Directors’ Duty of Care, Diligence and Skill : A Comparative Study of Japanese and Canadian Law ABSTRACT | FULL TEXT

Tremblay , Luc (LL.M.) From Substantive Due Process to Substantive Principles of Fundamental Justice ABSTRACT | FULL TEXT

Brockman , Joan (LL.M.) Subjecting the Corporation to Criminal Sanctions : A Review of the Issues ABSTRACT | FULL TEXT

Reid , Nichola Jane Williams (LL.M.) Conflicts in Divorce Jurisdiction and Recognition ABSTRACT | FULL TEXT

Choong , Thung-Cheong (LL.M.) The Protection of Absentee Owners of Public Corporations in Canada – a Realistic Analysis of the Problems and Some Thoughts on Solutions ABSTRACT | FULL TEXT

Rowland-Rouse , Jacqueline (LL.M.) The Strategic Use of Intellectual and Industrial Property Laws to Maintain and Extend a Dominant Position in the Pharmaceutical Industry ABSTRACT | FULL TEXT

Salvatori , Peter E. (LL.M.) Capital Gains and Surplus Stripping ABSTRACT | FULL TEXT

Bankes , Nigel David (LL.M.) The International Law of Shared Natural Resources : A Case Study of an International Wildlife Range Between Alaska and the Yukon ABSTRACT | FULL TEXT

Kimuli , Moses Aldrin (LL.M.) Legal Aspects of Public or Crown Corporations in Canada ABSTRACT | FULL TEXT

Kroft , Edwin Grant (LL.M.) The “Going Private” Transaction : A Genre of Minority Shareholder Squeezeout ABSTRACT | FULL TEXT

Zaharko , Janice (LL.M.) Procedures for Transferring to British Columbia the Federal Government’s Interest in Offshore Oil and Gas ABSTRACT | FULL TEXT

Exner , Heidi Maria (LL.M.) Trade Practices Legislation : The British Columbia Experience ABSTRACT | FULL TEXT

MacLean , Murdo (LL.M.) A Study of the Legal Aspects of Abortive Contract Negotiations ABSTRACT | FULL TEXT

McPhillips , David C. (LL.M.) Employer Free Speech During Organization Drives and Decertification Campaigns ABSTRACT | FULL TEXT

Strickland , Steven Andrew (LL.M.) Increasing the Emphasis on the Child in the Resolution of Custody Disputes ABSTRACT | FULL TEXT

Twinomukunzi , Charles Mureisya (LL.M.) The Social Responsibility of Corporations in East Africa ABSTRACT | FULL TEXT

Jordan , Donald James (LL.M.) Unit Determination under the Labour Code ABSTRACT | FULL TEXT

Parup , Mats Stefan (LL.M.) Procedural Safeguards in the Administrative Process ABSTRACT | FULL TEXT

Boettcher , Jens (LL.M.) The International Joint Commission – with Special Emphasis on the Great Lakes Water Quality Agreement. A View from the Canadian Side ABSTRACT | FULL TEXT

Marshall , Joan Snape (LL.M.) The Reception of English Law as a Modern Legal Problem ABSTRACT | FULL TEXT

Simcock , David Keith (LL.M.) Shareholder’s Personal Actions – A Comparative Study ABSTRACT | FULL TEXT

Ashton , Ronald Shaw (LL.M.) The Insurance of Environmental Risks ABSTRACT | FULL TEXT

Mackenzie , James M.(LL.M.) Environmental Management of Coastal Forests in British Columbia : An Ecolegal Analysis ABSTRACT | FULL TEXT

Wolfson , Lorne Howard (LL.M.) Juvenile Delinquents, Young Offenders and Young Persons in Conflict with the Law : A Study of Juvenile Delinquency Law Reform in Canada ABSTRACT | FULL TEXT

Young , Charles A. (LL.M.) Liability for Marine Pollution ABSTRACT | FULL TEXT

Curwood , James Arthur (LL.M.) The Law of Annual General Meetings Examined from a Perspective of Certain Economic Theories ABSTRACT | FULL TEXT

Crommelin , Michael (Ph.D.) Studies in Government Management of Oil and Gas Resources in Canada ABSTRACT | FULL TEXT

McCallum , Sandra Kathleen (LL.M.) Environmental Impact Assessment : A Comparative Study of the Effect of Federal Institutional Arrangements Upon Environmental Impact Assessment Procedures in Canada and the United States ABSTRACT | FULL TEXT

Waldron , Mary Anne (LL.M.) The Process of Law Reform : Focus on the New B.C. Companies Act ABSTRACT | FULL TEXT

Attewell , Nicholas Charles (LL.M.) The Capital Gains Taxation of Corporations and Shareholders in the United Kingdom and Canada ABSTRACT | FULL TEXT

Weibel , Rolando (LL.M.) The Quest for a New Management Structure in European Company Law ABSTRACT | FULL TEXT

Bonzanigo , Rocco (LL.M.) Canadian Taxation of Business and Investment Income of Non-Residents ABSTRACT | FULL TEXT

Crommelin , Michael (LL.M.) Allocation of Rights Over Offshore Oil and Gas Resources ABSTRACT | FULL TEXT

Switzer , James G. (LL.M.) The Legal Standing of Canadian Environmental Control Organizations ABSTRACT | FULL TEXT

Tremblay , Guy (LL.M.) Canadian Citizenship Laws : Two Facets ABSTRACT | FULL TEXT

Wade , John Harington (LL.M.) Morals and the Enforcement of Values : An Analysis of the Hart-Devlin Debate ABSTRACT | FULL TEXT

Bennett , James Harry (LL.M.) Some Aspects of the Legal Control of Take-Over Bids : A Comparative Study of English and British Columbia Law ABSTRACT | FULL TEXT

Bhavnani , Narain G. (LL.M.) Sexual Offences in Canada ABSTRACT | FULL TEXT

Chen , Charng-Ven (LL.M.) The Problems of Micro-States in International Law ABSTRACT | FULL TEXT

Foster , William F. (LL.M.) Fact Finding and the World Court ABSTRACT | FULL TEXT

Knight , William Harwood (LL.M.) A General Perspective of Canadian Constitutional Interpretation as Illustrated by the Criminal Law Power ABSTRACT | FULL TEXT

Lucas , Alastair Richard (LL.M.) Pollution Control Law in British Columbia : The Administrative Approach ABSTRACT | FULL TEXT

Dogra , H.K.(LL.M.) The Jurisprudence of the International Court of Justice : Customary International Law; State Sovereignty; and the Domestic Jurisdiction ABSTRACT | FULL TEXT

A  |  B  |  C  |  D  |  E  |  F  |  G  |  H  |  I  |  J  |  K  |  L  |  M  |  N  |  O  |  P  |  Q  |  R  |  S  |  T  |  U  |  V  |  W  |  X  |  Y  |  Z

Abaya-Habibullah , Ritchelle Aubrey (LL.M. 2023) Trapped by a record : how information sharing between schools and police agencies perpetuate the school to prison pipeline ABSTRACT | FULL TEXT

Abt , Marianne Freiermuth (LL.M. 2004) The Management of Diversity : Flexible Integration in Environmental Law Through Enhanced Cooperation in the EU and Harmonization in Canada ABSTRACT | FULL TEXT

Abogado , Andrés (LL.M. 2014) Mexican refugee claimants : cheating the system? ABSTRACT | FULL TEXT

Adams , Erik (LL.M. 2009) A Critical Look at Determinate Theories of Causation in Law ABSTRACT | FULL TEXT

Adamski , Olivia-Nathale (LL.M. 2015) Convertible preferred stock : testing the legal framework of the U.S. venture capital model in China ABSTRACT | FULL TEXT

Adeleke , Adewale Wale (LL.M. 1997) The Need for Equitable Representation on and Increase in the Membership of the United Nations Security Council ABSTRACT | FULL TEXT

Aginam,  V. Obijiofor (Ph.D. 2002) Salvaging the Global Neighborhood : Multilateralism and Public Health Challenges in a Divided World ABSTRACT | FULL TEXT

Aikenhead , Moira (LL.M. 2014) Revisions to Canada’s sentencing regime as a remedy to the over-incarceration of persons with mental disabilities ABSTRACT | FULL TEXT

Aikenhead , Moira (Ph.D. 2022) Canada’s criminal justice response to technology-facilitated intimate partner violence ABSTRACT | FULL TEXT

Ajaja , Oluwaseun Oluwasegun (LL.M. 2021) Deliberative democracy and problems of democratic governance in Nigeria ABSTRACT | FULL TEXT

Al Sheddi , Abdullah (LL.M. 1991) The legal regime of international straits : a case study of the legal and political implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Al-Ajaji , Mohammed S.M. (LL.M. 1990) The League of Arab States and the Promotion and Protection of Human Rights ABSTRACT | FULL TEXT

Alani , Aniz (LL.M. 2017) In search of a marriage counsellor : a proposal for strengthening the enforcement of Canadian constitutional conventions as legal rules of political behaviour ABSTRACT | FULL TEXT

Allen , Bradley (LL.M. 1996) Corporate Theory : Jurisprudence’s Heart of Darkness ABSTRACT | FULL TEXT

Allen , William Graham (LL.M. 2011) Can we end the death penalty? The role of NGOs in the world-wide campaign ABSTRACT | FULL TEXT

Alpeza , Tomislav (LL.M. 1998) Debating Liberalism and Political Economy in the Changing Global Order ABSTRACT | FULL TEXT

Alton , Louise Elizabeth (LL.M. 2008) Creating Choices in the UK : Re-Imagining the Female Criminal Justice System ABSTRACT | FULL TEXT

Amba-Cuenca , Maria Dulce Cecilia B. (LL.M. 1998) Social Clause in Trade Liberalization : An Agenda for the Philippines in APEC ABSTRACT | FULL TEXT

Amighetti , Leopold (LL.M. 1988) Testamentary Freedom Against Provisions for Families; The Evolution of Dependents’ Relief Legislation, with Particular Emphasis on the Province of British Columbia, as a Flexible Restraint on Testamentary Freedom ABSTRACT | FULL TEXT

Amigo , Natalia Guajardo (LL.M. 2004) Arbitration to Resolve International Commercial Disputes under the Brazilian Arbitration Act : Is Brazil a Good Site for Arbitration? ABSTRACT | FULL TEXT

Amos , Jude Thaddeus (LL.M. 1994) The Regulation of Direct Foreign Investment Under the Canada-United States Free Trade Agreement ABSTRACT | FULL TEXT

Anderson , Harold Andreas (LL.M. 1988) Economic Analysis of Risk to Goods in Transit ABSTRACT | FULL TEXT

Anika , Ijeamaka Elizabeth (LL.M. 2019) New technology for old crimes? the role of cryptocurrencies in circumventing the global anti-money laundering regime and facilitating transnational crime ABSTRACT | FULL TEXT

Anyadiegwu , Okay Hyacinth (LL.M. 1991) Minority Shareholder’s Remedies in Corporate Law ABSTRACT | FULL TEXT

Aqorau , Transform (LL.M. 1990) Tuna Management and UNCLOS : Implementation of UNCLOS throught the Forum Fisheries Agency ABSTRACT | FULL TEXT

Archer , Jennifer Lynne (LL.M. 2012)

Transcending sovereignty : locating Indigenous peoples in transboundary water law ABSTRACT | FULL TEXT

Ashton , Ronald Shaw (LL.M. 1976) The Insurance of Environmental Risks ABSTRACT | FULL TEXT

Attewell , Nicholas Charles (LL.M. 1973) The Capital Gains Taxation of Corporations and Shareholders in the United Kingdom and Canada ABSTRACT | FULL TEXT

Au , Matthew Kingcheong (Ph.D. 2012) Chinese socialism : an iterative perspective of the legal framework of market economies of the People’s Republic of China ABSTRACT | FULL TEXT

Aucoin , Louise (LL.M. 1993) Environmental Audits : A Multi-Stakeholder Perspective ABSTRACT | FULL TEXT

Aylwin , Jose Antonio (LL.M. 1999) Indigenous Peoples’ Rights in Chile and Canada : A Comparative Study ABSTRACT | FULL TEXT

Baas , Susan Catherine (LL.M. 2001) Protecting New Zealand Construction Subcontractors ABSTRACT | FULL TEXT

Baker , Roy (LL.M. 2000) Child Pornography in the Woodshed ABSTRACT | FULL TEXT

Baldassi , Cindy (LL.M. 2006) Babies or Blastocysts, Parents or Progenitors? Embryo Donation and the Concept of Adoption ABSTRACT | FULL TEXT

Bankes , Nigel David (LL.M. 1980) The International Law of Shared Natural Resources : A Case Study of an International Wildlife Range Between Alaska and the Yukon ABSTRACT | FULL TEXT

Banks , Nancy Kathleen (LL.M. 1992) All I’m Asking for is a Little Respect : Equality Rights and Same-Sex Spousal Benefits ABSTRACT | FULL TEXT

Barbour , Alan Norman (LL.M. 1996) Judicial Respect for International Commercial Arbitraiton agreements in Canadian Courts Under the New York Convention and UNCITRAL Model Law ABSTRACT | FULL TEXT

Barnes , Nana Kojo (LL.M. 1994) The Legitimacy of the United Nations’ Use of Armed Force in Defence of the Fundamental Human Rights of Nationals ABSTRACT | FULL TEXT

Barnsley , Paula Elizabeth (LL.M. 1998) Understanding Economic Inequality for Women in Canada’s Retirement Income System : Reform, Restructuring and Beyond ABSTRACT | FULL TEXT

Barr , Olivia McLeod (LL.M. 2004) The Inherent Right of Aboriginial Self-Government in Australia ABSTRACT | FULL TEXT

Barrios , Paula (LL.M. 2003) The Rotterdam Convention on Hazardous Chemicals and Pesticides : A Meaningful Step Towards Environmental Protection? ABSTRACT | FULL TEXT

Barrios , Paula (Ph.D. 2007) Liberal Environmentalism and the International Law of Hazardous Chemicals ABSTRACT | FULL TEXT

Barta , Winston Victor (LL.M. 2018) An analysis of the proposed regulatory reforms for derivatives trading in Canada ABSTRACT | FULL TEXT

Barton , Barry John (LL.M. 1984) Surface Rights Under the Mineral Act of British Columbia ABSTRACT | FULL TEXT

Bassett,  Andrea (L.L.M 2016) A more nuanced approach to environmental hazards? : a critical review of the existence, priorities and scope of the Minamata Convention on Mercury ABSTRACT | FULL TEXT

Bateman , Craig Garfield (LL.M. 2009) Nicaea and Sovereignty : Constantine’s Council of Nicaea as an Important Crossroad in the Development of European State Sovereignty ABSTRACT | FULL TEXT

Bateman , C.G. (Ph.D. 2022) Bishops on the bench : why Constantine legislated Christian bishops into the role of judges ABSTRACT | FULL TEXT

Bayer , Carolin Anne (LL.M. 2001) Re-Thinking the Common Law of Defamation : Striking a New Balance Between Freedom of Expression and the Protection of the Individual’s Reputation ABSTRACT | FULL TEXT

Bazilli , Susan Margaret (Ph.D. 2019) Exploring the route from Nairobi to Beijing plus twenty : feminist activist reflections on rights advocacy ABSTRACT | FULL TEXT

Begg , Michael (LL.M. 2007) Legislating British Columbia : a history of B. C. land law, 1858-1978 ABSTRACT | FULL TEXT

Belcredi,  Carmen (LL.M. 2001) The Evolution of Copyright : Napster and the Challenges of the Digital Age ABSTRACT | FULL TEXT

Bell , Catherine Edith (LL.M. 1989) Metis Aboriginal Title ABSTRACT | FULL TEXT

Bennett , James Harry (LL.M. 1970) Some Aspects of the Legal Control of Take-Over Bids : A Comparative Study of English and British Columbia Law ABSTRACT | FULL TEXT

Beteta , Armando F. (LL.M. 1993) International Trade and Legal Modernization : Effects of Mexico’s Membership on the North America Free Trade Agreement ABSTRACT | FULL TEXT

Beveridge , Anne Elizabeth (LL.M. 1994) The Body as Excuse; Biology, Sex and Crime : Intersection of Science, Gender and Law ABSTRACT | FULL TEXT

Beveridge , Barbara Jane (LL.M. 1998) How Culture, Law, and Language are all Barriers to Effective Cross-Cultural Legal Communication, Specifically International Commercial Contracts ABSTRACT | FULL TEXT

Bhavnani , Narain G. (LL.M. 1969) Sexual Offences in Canada ABSTRACT | FULL TEXT

Binch , Russell John (LL.M. 2001) Including the Excluded : A Minority Conception of Standing ABSTRACT | FULL TEXT

Bingyu , Liu. (Ph.D. 2019) China’s state-centric approach to corporate social responsibility (CSR) abroad : a case study in Africa ABSTRACT | FULL TEXT

Biukovic , Ljiljana (LL.M. 1995) Supervening Illegality and International Commercial Arbitration ABSTRACT | FULL TEXT

Biukovic , Ljiljana (Ph.D. 2000) Court Intervention in Arbitral Proceedings in Countries Adopting the UNCITRAL Model Law on International Commercial Arbitration : An Impact of Legal Culture on Reception (Case Studies of Canada, Hong Kong and Russia) ABSTRACT | FULL TEXT

Black , Alexander Joseph (LL.M. 1988) Canadian Natural Gas Deregulation ABSTRACT | FULL TEXT

Blackman , Susan Jane (LL.M. 1988) Expert Systems in Case-Based Law : The Rule Against Hearsay ABSTRACT | FULL TEXT

Blehaut , Camille (LL.M. 1998) A Comparison of the Role of the Judge in Alternative Dispute Resolution in France and British Columbia ABSTRACT | FULL TEXT

Bliss , James Robert Quartus (LL.M. 2000) “A Criminal in One Place, a Gentleman in Another” : Regulating Early Canadian Gambling Venues ABSTRACT | FULL TEXT

Braun , Joy Anne Fay (LL.M. 2015) An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants ABSTRACT | FULL TEXT

Boardman , Charlotte Mary (LL.M. 2013) Considering consideration : a critical and comparative analysis of the doctrine of consideration in the Anglo-Canadian common law ABSTRACT | FULL TEXT

Bodie , J. Scott (LL.M. 1994) The NAFTA’S Institutions and Dispute Resolution Mechanisms : A Case for Public Participation ABSTRACT | FULL TEXT

Boettcher , Jens (LL.M. 1977) The International Joint Commission – with Special Emphasis on the Great Lakes Water Quality Agreement. A View from the Canadian Side ABSTRACT | FULL TEXT

Bolger , Ellen (LL.M. 2021) Habeas corpus after Khela : dynamics attenuating prisoners’ rights ABSTRACT | FULL TEXT

Bolton , Tessa (LL.M. 2015) Potential and peril : incapacitation in the new age of international criminal law ABSTRACT | FULL TEXT

Bonini-Baraldi  Matteo (LL.M. 2002) Equality for Same-Sex Couples : A Canadian Approach ABSTRACT | FULL TEXT

Bonzanigo , Rocco (LL.M. 1972) Canadian Taxation of Business and Investment Income of Non-Residents ABSTRACT | FULL TEXT

Botting , Gary (LL.M. 1999) Competing Imperatives : Individual Rights and International Obligations in Extradition from Canada to the U.S.A. ABSTRACT | FULL TEXT

Botting , Gary (Ph.D. 2004) Executive and Judicial Discretion in Extradition between Canada and the United States ABSTRACT | FULL TEXT

Bourbonnais , Brenda Susan (LL.M. 1997) The Mother and Child Reunion : A Reconception of Child Custody Litigation and Mediation ABSTRACT | FULL TEXT

Bowbrick , Graeme (LL.M. 2013) Judicial compensation in Canada : an examination of the judicial compensation experience in selected Canadian jurisdictions 1990-2010 ABSTRACT | FULL TEXT

Bowman , John Ramsay (LL.M. 1991) Cruel and Unusual Punishment : Prisoner’s Rights in the 1990’s ABSTRACT | FULL TEXT

Bradshaw , Edward Charles (LL.M. 1995) The Use of Automated Document Structuring and Classification Methods in the Legal Domain ABSTRACT | FULL TEXT

Braithwaite , Murray James (LL.M. 1993) Prolegomena to a Postmodern Theory of Law ABSTRACT | FULL TEXT

Braithwaite , Murray James (Ph.D. 2000) A Dynamics Theory of Justice : Nietzsche, Holmes, and Self-organizing Criticality ABSTRACT  |  FULL TEXT

Brockman , Joan (LL.M. 1982) Subjecting the Corporation to Criminal Sanctions : A Review of the Issues ABSTRACT | FULL TEXT

Brown , C. Rebecca (LL.M. 1999) Starboard or Port Tack? Navigating a Course to Recognition and Reconciliation of Aboriginal Title to Ocean Spaces ABSTRACT | FULL TEXT

Buckley,  Melina (Ph.D. 2002) Towards Transformative Human Rights Practices : A Reconsideration of the Role of Canadian Legal Institutions in Achieving Social Justice ABSTRACT | FULL TEXT

Burnett , Tamara Ashley Margaret (LL.M. 2014) Subtle expressions of gender inequality : exploring the application of aggravating and mitigating factors in sentencing decisions for sexual assault offences ABSTRACT | FULL TEXT

Burns , Wayne Douglas (LL.M. 1992) Thailand and International Law ABSTRACT  |  FULL TEXT

Buss , Doris Elisabeth (LL.M. 1995) Crossing the Line : Feminist International Law Theory, Rape and the War in Bosnia-Herzegovina ABSTRACT | FULL TEXT

Buss , Thomas (LL.M. 1996) “Public Morals” and “Honest Practices” in German and Canadian Unfair Competition Law – A Proper Means of Responding to New Challenges? ABSTRACT | FULL TEXT

Cai , Tong (LL.M. 1993) Control of Land-Based Marine Pollution in Southeast Asia : A Legal Perspective ABSTRACT | FULL TEXT

Cameron , Angela (LL.M. 2003) Gender, Power and Justice : A Feminist Perspective on Restorative Justice and Intimate Violence ABSTRACT | FULL TEXT

Campbell , Lyndsay Mills (LL.M. 1998) The St. Clair Case and the Regulation of the Obscene in Pre-World War One Ontario ABSTRACT | FULL TEXT

Candelaria , Sedfrey Martinez (LL.M. 1989) State Responsibility and International Financial Obligations : A Case Study of the International Monetary Fund Stand-By Arrangements with Developing Country Members ABSTRACT | FULL TEXT

Carver , Peter John (LL.M. 1990) Millar v. Taylor (1769) and the New Property of the Eighteenth Century ABSTRACT | FULL TEXT

Caunt,  Lachlan (LL.M. 2015) Hows, whys, and but-fors : theorizing, comparing and solution finding within the principle of material contribution to risk in the law of negligence ABSTRACT | FULL TEXT

Caunt , Lachlan (Ph.D. 2020) Deterrence in the law of negligence ABSTRACT | FULL TEXT

Cavalier, Kenneth Richard (LL.M. 2006) Balancing the Legal Teetertotter : Finding the Appropriate Weight for Creator and User Rights in Cyber Space ABSTRACT | FULL TEXT

Cedillo Corral , Erika Marcela (Ph.D. 2017) Arbitration and the public policy exception in Mexico : local exceptions to global standards ABSTRACT | FULL TEXT

Chan , Tin Yan Kerensa (LL.M. 2005) Modified Universality : The Best Model in Regulating Cross-Border Insolvency ABSTRACT | FULL TEXT

Chapman , Alexandra (LL.M. 2020) Walking the talk? Examining the EU and China’s claims to climate leadership in the negotiation and implementation of the Paris Agreement ABSTRACT | FULL TEXT

Chartier , Melanie (LL.M. 2001) The Crown’s Duty to Consult with First Nations ABSTRACT | FULL TEXT

Charvat , Lori (LL.M. 2002) Promises and Challenges of Internal Dispute Resolution in the Corporate Workplace ABSTRACT | FULL TEXT

Chen , Charng-Ven (LL.M. 1969) The Problems of Micro-States in International Law ABSTRACT | FULL TEXT

Chen , Hsiao-Ting (LL.M. 2000) Is Taiwan Ready for the Challenge of the WTO? : An Examination of Taiwan’s Import Safeguard Clauses from a Comparative Perspective ABSTRACT | FULL TEXT

Chen , Jia (LL.M. 1996) Western Countries’ Antidumping Laws Against Non-market Economy Countries and China’s Reaction ABSTRACT | FULL TEXT

Chen , Min (LL.M. 1999) Abused Women and Their Protection in China ABSTRACT | FULL TEXT

Chizik , Natali Daiana (LL.M. 2020) The implementation of trial by jury in Argentina : the analysis of a legal transplant as a method of reform ABSTRACT | FULL TEXT

Choong , Thung-Cheong (LL.M. 1981) The Protection of Absentee Owners of Public Corporations in Canada – a Realistic Analysis of the Problems and Some Thoughts on Solutions ABSTRACT | FULL TEXT

Chow , Catherine W. (LL.M. 2007) Chinatown geographies and the politics of race, space and the law ABSTRACT | FULL TEXT

Chrest , Shelley (LL.M. 2006) The Public Interest in Addressing Systemic Discrimination in British Columbia : A Comparison of Human Rights Enforcement Models ABSTRACT | FULL TEXT

Chukwumerije , Okezie (LL.M. 1989) Soveriegn Immunity and Transnational Arbitration ABSTRACT | FULL TEXT

Clarkson , Alexander Ross (LL.M. 2014) The jurisdiction to regulate aquaculture in Canada ABSTRACT | FULL TEXT

Cloutier de Repentingny , Pierre (LL.M. 2016) The sustainability of biofuels : a principled lifecycle assessment of the 2009 European Union Renewable Energy Directive and its framework ABSTRACT | FULL TEXT

Cochran , Patricia (Ph.D. 2013) “Common sense” and legal judgment : community knowledge, political power and rhetorical practice ABSTRACT | FULL TEXT

Cody , Michael David (LL.M. 2006) The Corporation is a Social Institution ABSTRACT | FULL TEXT

Cody , Michael (Ph.D. 2014) Dialogic regulations : the talking cure for corporations ABSTRACT | FULL TEXT

Collins , Lynda (LL.M. 2006) Doctrine of Intergenerational Equity in Global Environmental Governance ABSTRACT | FULL TEXT

Colvin , Craig Grierson (LL.M. 1993) Prometheus Unbound : Towards the More Precise Proscription of the Socially Undesirable Market Conduct Associated with Dominance ABSTRACT | FULL TEXT

Cook , Graham (LL.M. 2001) Importing GATT/WTO Jurisprudence into NAFTA Chapter Eleven to Define the Standards of International Investment Law ABSTRACT | FULL TEXT

Cordeiro , Jamil (LL.M. 2005) The North-South Dimension of Health in the International Law of Environment and Sustainable Development ABSTRACT | FULL TEXT

Cornejo , Sofia (LL.M. 2021) No parents left behind : a feminist and intersectional perspective on Canadian and Argentine parental leave laws ABSTRACT | FULL TEXT

Crommelin , Michael (LL.M. 1972) Allocation of Rights Over Offshore Oil and Gas Resources ABSTRACT | FULL TEXT

Crommelin , Michael (Ph.D. 1974) Studies in Government Management of Oil and Gas Resources in Canada ABSTRACT | FULL TEXT

Crompton , Lynda Jean (LL.M. 2006)

Prisoners of democracy : the Lil’wat’s right to an impartial tribunal ; an analysis of the Lillooet Lake roadblock case ABSTRACT | FULL TEXT

Cuenca , Joseph Gerard B. (LL.M. 1998) Filipina Live-In Caregivers in Canada : Migrants’ Rights and Labor Issues (A Policy Analysis) ABSTRACT | FULL TEXT

Cumming , Kaitlyn (LL.M. 2020) Current trends in Canadian civil justice system reform : manufactured simplicity or equitable access to justice? ABSTRACT | FULL TEXT

Curwood , James Arthur (LL.M. 1975) The Law of Annual General Meetings Examined from a Perspective of Certain Economic Theories ABSTRACT | FULL TEXT

Daly , Gillian (LL.M. 1999) Social Rights : The Implications of Selective Constitutionalisation ABSTRACT | FULL TEXT

Davenport , Geoff (LL.M. 1998) Bargaining in Good Faith in the New Zealand Labour Market : Rhetoric or Reality? ABSTRACT | FULL TEXT

David , Lisa (LL.M. 2010) Wrongful Convictions : A Review and Assessment of Miscarriage of Justice in Canada ABSTRACT | FULL TEXT

Deedman , G.C. (LL.M. 1987) Building Rule-Based Expert Systems in Case-Based Law ABSTRACT | FULL TEXT

de Freitas , Bruno Osmar Vergini (LL.M. 2011) Restorative justice, intersectionality theory and domestic violence : epistemic problems in indigenous settings ABSTRACT | FULL TEXT

Degoldi , Brett Raymond (LL.M. 2007) Lawyers’ Experiences of Collaborative Family Law ABSTRACT | FULL TEXT

Dempsey , Alison Louise (Ph.D. 2012)

Principles, process, responsibility : exploring ethics as a meta-regulatory framework for evolving governance discourse ABSTRACT | FULL TEXT

Dennis , Sally (LL.M 1983) Gifts to Unincorporated Associations ABSTRACT | FULL TEXT

Dent , Douglas Edward (LL.M. 1985) The Small Business deduction and a Canadian Tax on Unreasonable Accumulations ABSTRACT | FULL TEXT

Diab , Robert (LL.M. 2007) Terrorism and the Administration of Justice in Canada ABSTRACT | FULL TEXT

Diab , Robert (Ph.D. 2012) Imagined fears : from mass terror to authoritarian legality, and the future of liberal reform ABSTRACT | FULL TEXT

Dieleman , Carmelle (LL.M. 2019) Preserving the Charter in administrative law : a critique of the Supreme Court of Canada’s decision in Law Society of British Columbia v. Trinity Western University ABSTRACT | FULL TEXT

Diepstraten , Frances (LL.M. 1996) Prisons as Big Business ABSTRACT | FULL TEXT Djordjevic , Aleksandra (LL.M. 2013) Has the international human rights paradigm failed lesbian, gay, bisexual and transgender people? If so, what can be done to fix it? ABSTRACT | FULL TEXT

Doelker , Andreas (LL.M. 2010) Self-Regulation and Co-Regulation : Prospects and Boundaries in an Online Environment ABSTRACT | FULL TEXT

Dogra , H.K. (LL.M. 1966) The Jurisprudence of the International Court of Justice : Customary International Law; State Sovereignty; and the Domestic Jurisdiction ABSTRACT | FULL TEXT

Donegá , Raul Pinheiro (LL.M. 2012)

Patterns of international financial regulation : a case study of sovereign wealth funds ABSTRACT | FULL TEXT

Dorough,  Darlene (Dalee) Sambo (Ph.D. 2002) The Status and Rights of Indigenous Peoples in International Law : The Quest for Equality ABSTRACT | FULL TEXT

Druzin , Bryan Howard (LL.M. 2008) Norm Evolution Without the State : An Examination of the Unique Nature of Commercial Law ABSTRACT | FULL TEXT

Duncan , Emmet John (LL.M. 1998) Challenging the Monologues : Toward an Intercultural Approach to Aboriginal Rights ABSTRACT | FULL TEXT

Duruike , Princess (LL.M. 2018) Climate change litigation and corporate accountability in Nigeria : the pathway to climate justice? ABSTRACT | FULL TEXT

Dyck , Jennifer (LL.M. 2013) Stories from the front : realities of the over-incarceration of Aboriginal women in Canada ABSTRACT | FULL TEXT

Dzah , Godwin Eli Kwadzo (Ph.D. 2021) Sustainable development : Africa’s hidden and not-so-hidden contribution to its law, politics, and history ABSTRACT | FULL TEXT

Edwards , Maxwell (LL.M. 2021) Regulatory capture in Canadian environmental decision-making ABSTRACT | FULL TEXT

Edwards , Richard Charles Edwards (LL.M. 1993) The Legal Fact as a Work of Art : Artificial Intelligence and the Pragmatics of Legal Interpretation ABSTRACT | FULL TEXT

Eggen , Mirjam (LL.M. 2010) Transparency Rules for Derivatives, Mutual Funds and Bonds : A Comparative Analysis of Canadian, Swiss and German Laws ABSTRACT | FULL TEXT

Ellis , Jaye Dana (LL.M. 1997) Beyond Territoriality : International Regimes for the Control of Land-Based Marine Pollution ABSTRACT | FULL TEXT

Ellison , Hannah (LL.M. 2023) Empowering autonomy : a novel approach to the right to accessible abortion : exploring realities from the perspective of abortion seekers in Canada and England and Wales ABSTRACT | FULL TEXT

Eluromma , Charles Onyehinim (LL.M. 2014) Majority rule and minority protection in private corporations : a comparative appraisal of the problems and remedies under the Canadian and Nigerian jurisdictions ABSTRACT | FULL TEXT

Exner , Heidi Maria (LL.M. 1979) Trade Practices Legislation : The British Columbia Experience ABSTRACT | FULL TEXT

Eze , Chinenye Helen (LL.M. 2022) Beyond finders keepers : bioprospecting, patents and human genetic materials ABSTRACT | FULL TEXT

Eze , Nicholas Chinedu (LL.M. 2011)

Rethinking maritime delimitation and promoting joint development of petroleum: the Nigeria-Sao-Tome and Principe joint development model ABSTRACT | FULL TEXT

Ezetah , Chinedu Reginald (LL.M. 1997) Legitimate Governance and Statehood in Africa : Beyond the Failed State & Colonial Self-determination ABSTRACT | FULL TEXT

Fagbongbe , Mosope Doris (Ph.D. 2010) Reconstructing Women’s Rights in Africa Using the African Regional Human Rights Regime : Problems and Possibilities ABSTRACT | FULL TEXT

Fairlie , John (LL.M. 2003) The Canadian Approach to Negligent Misrepresentation : A Critique of the Reliance Model of Liability ABSTRACT | FULL TEXT

Falconer , Louise Morag (LL.M. 2002) Colonies, Condoms and Corsets : Fertility Regulation in Australia and Canada ABSTRACT | FULL TEXT

Fegan , Eileen Veronica (LL.M. 1994) Abortion, Law and the Ideology of Motherhood : New Perspectives on Old Problems ABSTRACT | FULL TEXT

Ferguson , John A. (Ph.D. 2012) International human trafficking in Canada : why so few prosecutions? ABSTRACT | FULL TEXT

Findlay , Caroline K.H. (LL.M. 1993) Pollution Control, Administrative Discretion, and Science : A Journey Through the Maze of Environmental Law ABSTRACT | FULL TEXT

Fixter , Brian L. (LL.M. 2012) An ounce of prevention : the legal and business case for the implementation of workplace wellness programs ABSTRACT | FULL TEXT

Foster , William F. (LL.M. 1968) Fact Finding and the World Court ABSTRACT | FULL TEXT

Frankenberger , Anke (LL.M. 1992) Regulations and Their Review in the People’s Republic of China ABSTRACT | FULL TEXT

Freckelton,  Alan (LL.M. 2013) The concept of deference in substantive review of administrative decisions in four common law countries ABSTRACT | FULL TEXT

Gao  Yan (LL.M. 2003) Information Disclosure and Protection of Investors in China’s Securities Market ABSTRACT | FULL TEXT

Gallant , Mary Michelle (LL.M. 1996) The Professionalization of Mediation ABSTRACT | FULL TEXT

Garbett , Tom (LL.M. 2010) “Speak the speech, I pray you” : theatre, law and rights – a study ABSTRACT | FULL TEXT

Garcia , Regiane Alves (Ph.D. 2018) Advancing citizen participation in health governance and the right to health in Brazil: the role of the national health council ABSTRACT | FULL TEXT

Gardner , Alexander Walter (LL.M. 1987) Negotiation and Agreements in Integrated Resources Management ABSTRACT | FULL TEXT

Gee , Karen (LL.M. 2004) Professionalism, Self-Regulation, and the Problem of Dual Agency : the Residential Real Estate Industry in British Columbia ABSTRACT | FULL TEXT

German , Peter Maurice (LL.M. 1990) Confiscating the Proceeds of Crime : The Amendments of Canada’s Criminal Code, their Force and Effect ABSTRACT | FULL TEXT

Ghedia  , Jayshree (LL.M. 2002) Prisoners : Rights, Rhetoric and Reality ABSTRACT | FULL TEXT

Ghitter , Corinne Louise (LL.M. 2000) Potential Value : A Challenge to the Quantification of Damages for Loss of Earning Capacity for Female and Aboriginal Plaintiffs ABSTRACT | FULL TEXT

Gibb-Carsley , John (L.L.M. 2015) Dealing with the dragon : what safeguards are required to make an extradition treaty between Canada and the People’s Republic of China conform to Canadian extradition law? ABSTRACT | FULL TEXT

Gilmour , Thomas (LL.M. 2023) “Revitalizing” environmental assessment : interpreting the Environmental Assessment Act in light of the United Nations Declaration on the Rights of Indigenous Peoples ABSTRACT | FULL TEXT

Glynos , Leonidas Jason (LL.M. 1994) Psychoanalytic Theory in the Context of a Transformative Politics ABSTRACT | FULL TEXT

Godwin- A Hart , Sotonye (LL.M. 2012) Achieving synergy between international trade and human rights : a proposal for mainstreaming human rights in the WTO ABSTRACT | FULL TEXT

Grattan , Donald Scott (LL.M. 1996) People and Place as Norms in Multistate Tort Adjudication ABSTRACT | FULL TEXT

Grayson , James Warren (LL.M. 1996) The Role of Government and the Constitutional Protection of Equality and Freedom of Expression in the United States and Canada ABSTRACT | FULL TEXT

Grewal , Rajbir Singh(LL.M. 2008) Towards Integrity in Tax Law : The Problem of Form and Substance in Canadian Tax Jurisprudence ABSTRACT | FULL TEXT

Guan , Wenwei (Ph.D. 2009) Selective Adaptation and Legitimacy : Public-Private Dynamics in China’s TRIPS Compliance ABSTRACT | FULL TEXT

Gudmundsdottir , Dora (LL.M. 1995) Problems of Legitimacy Regarding the European Convention on Human Rights : Formalism, Fuzziness, or Lack of Theory ABSTRACT | FULL TEXT

Gunn , Kathryn (LL.M. 2019) Voices in the wilderness : Treaty 3 & the dissent of the supreme court in St. Catherine’s ABSTRACT | FULL TEXT

Haggerty , Bernard P.(Ph.D. 2008) Hate Crime Law & Social Contention : A Comparison of Nongovernmental Knowledge Practices in Canada & the United States ABSTRACT | FULL TEXT

Hall , Brooke (LL.M. 2002) Native Title and the Tide of History : Shifting the Sands ABSTRACT | FULL TEXT

Hall , Christopher Brian (LL.M. 1995) Matter or Mirage? The Public Policy Rationale for Section 9 of the Fair Trading Act 1986 (N.Z.) ABSTRACT | FULL TEXT

Hall , Margaret Isabel (LL.M. 1998) The Child at the Centre : Rethinking Child Protection ABSTRACT | FULL TEXT

Hall , Margaret Isabel (Ph.D. 2018) Rethinking the adult guardianship response : mental capacity and vulnerability in the context of dementia in old age ABSTRACT | FULL TEXT

Hammond,  Ama Fowa (Ph.D. 2016) Towards an inclusive vision of law reform and legal pluralism in Ghana ABSTRACT | FULL TEXT

Hand , Mary (LL.M. 1983) Divisible Assets in Common Law Canada ABSTRACT | FULL TEXT

Hannigan , David (LL.M. 1998) From Aboriginality to Governmentality : The Meaning of Section 35(1) and the Power of Legal Discourse ABSTRACT | FULL TEXT

Hao,  Si (Ph.D. 2016) Alleviating the corporate social responsibility reporting-performance inconsistency : a tentative proposal of the “reflexive law plus” model ABSTRACT | FULL TEXT

Harders , Johannes Enno (LL.M. 1988) Environmental Protection of the Circumpolar Arctic Waters : A comparative Study and an Appraisal of the National Regulatory Systems ABSTRACT | FULL TEXT

Harris , Douglas (LL.M. 1998) The Legal Capture of British Columbia’s Fisheries : A Study of Law and Colonialism ABSTRACT | FULL TEXT

Harris , Sonia Ruth (LL.M. 1997) The Road Back From Hell? : First Nations, Self-Government, and the Universal Goal of Child Protection in Canada ABSTRACT | FULL TEXT

Hassan , Maira (LL.M. 2017) Making ‘space’ for women in Canadian peacekeeping : the battle of closing the gap ABSTRACT | FULL TEXT

Hauschildt , Jordan William Derek (LL.M. 2008) Redefining Disrepute : Acknowledging Social Injustice and Judicial Subjectivity in the Critical Reform of Section 24(2) of the Charter ABSTRACT | FULL TEXT

Hausler , Kristin (LL.M. 2004) Alternative Dispute Resolution and the Restitution of Stolen or Illegally Exported Cultural Property ABSTRACT | FULL TEXT

Hawa , Husam Eddin (Ph.D. 2014) Towards a higher standard for international disability rights and social justice : an Islamic perspective on the universal right to social welfare for people with special challenges ABSTRACT | FULL TEXT

Hawkshaw , Robert Stephen (LL.M. 2014) Tax information exchange and the erosion of taxpayer privacy rights

ABSTRACT | FULL TEXT

Heidt , Anne-Katrin (LL.M. 2001) Between Concepts and Context : Protection of “Personal Freedom”. A Comparative Case Study of German and Canadian Criminal Law ABSTRACT | FULL TEXT

Henderson , Emma Marilyn (LL.M. 1994) Ideology, Social Control, and the Private Facts Tort ABSTRACT | FULL TEXT

Higham , Catherine (LL.M. 2018) Reimagining responsibility : how human rights due diligence practices could inform judicial responses to climate accountability litigation ABSTRACT | FULL TEXT

Hilland , Andrea (LL.M. 2013) Extinguishment by extirpation : the Nuxalk eulachon crisis ABSTRACT | FULL TEXT

Hodge , Fraser Douglas (LL.M. 2008) Legal, Economic, and Industrial Relations Considerations in Workforce Integrations Following Corporate Mergers ABSTRACT | FULL TEXT

Horne , Andrew J. (LL.M. 1999) Reviewable Transactions in Insolvency : The Recognition of Creditors’ Interests in “Subjective” and “Objective” Insolvency Regimes ABSTRACT | FULL TEXT

Horner , Jessie Joyce (LL.M. 1993) Sexual Assault : Public Debate and Criminal Law Reform ABSTRACT | FULL TEXT

Horwitz , Nicole J. (LL.M. 1995) Primary Caregiving and “Mothers with a Difference” : A Feminist Analysis of Developments in Custody Law ABSTRACT | FULL TEXT

Hosking , David Leigh (LL.M. 1994) Accessibility Rights for Disabled People ABSTRACT | FULL TEXT

Howey , Kirsty (LL.M. 2012) ‘Normalising’ what? Aboriginal land tenure reform in the Northern Territory of Australia ABSTRACT | FULL TEXT

Hrymak , Haley (L.L.M. 2018) The opioid crisis as health crisis, not criminal crisis : implications for the criminal justice system ABSTRACT | FULL TEXT

Huberman , Magal (LL.M. 2022) Between court and context : relocation cases in British Columbia ABSTRACT | FULL TEXT

Hughes , Elaine Lois (LL.M. 1988) The Development of Ocean Incineration Law in Canada ABSTRACT | FULL TEXT

Hunter , Fiona (LL.M. 1988) A Trust as an Alternative to a Will? ABSTRACT | FULL TEXT

Hunter , Rebecca Winesanker (LL.M. 1999) Canada’s International Posture on Human Rights : Consequences in the Domestic Domain ABSTRACT | FULL TEXT

Hustins , Nancy-Louise (LL.M. 2004) Paz sin Justicia? Argentina’s “Dirty War” and Gross Violations of Human Rights : Does Impunity Conform to International Human Rights Norms? ABSTRACT | FULL TEXT

Hutchings , Patricia Margaret (LL.M. 1987) The Argument for the Application of the Royal Proclamation of 1763 to British Columbia : Its Force and Effect ABSTRACT | FULL TEXT

Ifeonu , Eberechi (Ph.D. 2015) An imperial beast of different species or international justice? : universal jurisdiction and the African Union’s opposition ABSTRACT | FULL TEXT

Igbokwe , Virtus Chukwutoo (LL.M. 1998) Public Policy and Privatised Justice : The Setting Aside of Arbitral Awards by National Courts of the Arbitral Situs ABSTRACT | FULL TEXT

Ikeda , Yoshifumi (LL.M. 1998) Mareva Injunction and Japanese Provisional Remedy ABSTRACT | FULL TEXT

Ilg , Michael Peter (Ph.D. 2008) The Diversity and Evolution of Competition : An Ideal Proposed for Regulatory Design ABSTRACT | FULL TEXT

Ilumoka , Adetoun Olabisi (Ph.D. 2013) Legal imperialism and the democratisation of law: towards an African feminist jurisprudence on the development of land law and rights in Nigeria 1861-2011 ABSTRACT | FULL TEXT

Imai , Hiroshi (LL.M. 1983) The Role of Case Law in Japan : A Comparative Study of Japanese and Canadian Company Law ABSTRACT | FULL TEXT

Ishikawa , Shoichiro (LL.M. 1986) Electronic Surveillance and the Police : A Comparative Study of the Canadian and Japanese Systems ABSTRACT | FULL TEXT

Itamunoala , Sarah Tamunonengioforie (LL.M. 2020) Plugging the drain : promoting environmental justice in the Niger Delta through judicial independence ABSTRACT | FULL TEXT

Iyioha , Irehobhude Otibhor (LL.M. 2010) Health governance, medical pluralism and the politics of integration : a legal theory for increasing access to healthcare ABSTRACT | FULL TEXT

Jackson , Andrew Lee (LL.M. 2000) Federalizing the Conflict of Laws : Some Lessons for Australia from the Canadian Experience ABSTRACT | FULL TEXT

Jackson , Michael Ian (LL.M. 1988) Subrogation, Suretyship, and the Law of Restitution ABSTRACT | FULL TEXT

Jacyk , David William (LL.M. 2007) Arbitration in WTO Disputes : The Forgotten Alternative ABSTRACT | FULL TEXT

Jago , Jacqueline (LL.M. 1998) Genocide, Culture, Law : Aboriginal Child Removals in Australia and Canada ABSTRACT | FULL TEXT

Jamal , Soraya M. (LL.M. 2005) Closing the Gap Between Tax Law and Family Law on Marital Breakup ABSTRACT | FULL TEXT

Jamieson , Eugene Christopher (LL.M. 1992) The Legality of the New Industrial Relations ABSTRACT | FULL TEXT

Jardine , David Neil (LL.M. 1996) Articulating the Realm of the Possible : Two Farm Marketing Boards and the Legal Administrative Field ABSTRACT | FULL TEXT

Jessiman , John Lewis Jon (LL.M. 1983) A Second Look at the Mareva Injuction ABSTRACT | FULL TEXT

Jessiman , Stacey Rae (LL.M. 2014) Understanding and resolving cultural heritage repatriation disputes between indigenous peoples and museums ABSTRACT | FULL TEXT

Ji , Jianfeng (LL.M. 2010) Protecting Minority Shareholders in Private Corporations : A Comparative Study From Canadian and Chinese Perspectives ABSTRACT | FULL TEXT

Jin , Zhe (LL.M. 2007) The Legal Environment of Corporate Income Taxation for FDI in China : Policy, Changes, Risks ABSTRACT | FULL TEXT

Joeck , Molly Emilia Esbenshade (LL.M. 2018) Refugee protection at the edges : exclusion for serious criminality in Canada since Febles ABSTRACT | FULL TEXT

Johnson , Michael Leonard (LL.M. 2014) Guardianship law : doctrine, theory, objective ABSTRACT | FULL TEXT

Johnson , Patricia Anne (LL.M. 1985) The Taxation of Trust Income : Some Inherent Problems and Comparative Perspectives ABSTRACT | FULL TEXT

Johnson , Toni A.M. (LL.M. 2002) A Step in the Pink Direction : The Intersection of National, Familial and Sexual Identity in Canada ABSTRACT | FULL TEXT

Johnston , Natalie (LL.M. 2014) Interwoven legal traditions. The extent to which state based decision makers are engaging with indigenous legal traditions and the extent to which this is feasible : a celebration of an exceptional outcome ABSTRACT | FULL TEXT

Johnston , William Wayne (LL.M. 1992) Autonomous Aboriginal Criminal Justice and the Charter of Rights ABSTRACT | FULL TEXT

Jones-Desjarlais , Jennifer Lynn (LL.M. 1985) The Scales of Justice or the Native Claim to the Management of Reserve Fisheries ABSTRACT | FULL TEXT

Jordan , Donald James (LL.M. 1978) Unit Determination under the Labour Code ABSTRACT | FULL TEXT

Joseph , Philip Austin (LL.M. 1983) The Policies Underlying Interest Dispute Settlement in British Columbia and New Zealand ABSTRACT | FULL TEXT

Jutlah , Russell Sean (LL.M. 1999) Great Lakes Environmental Policy : The Ecosystem Approach and an Economic Perspective ABSTRACT | FULL TEXT

Kainthaje , Prashanth (LL.M. 1996) The Intersection of Aboriginal Law and Aboriginal Rights in the Common Law Frameworks of Canada and Australia ABSTRACT | FULL TEXT

Kaiser-Derrick , Elspeth (LL.M. 2012)

Listening to what the criminal justice system hears and the stories it tells : judicial sentencing discourses about the victimization and criminalization of Aboriginal women ABSTRACT | FULL TEXT

Kajoba , Moses (LL.M. 1989) The Human and Peoples’ Rights and Armed Conflicts in Africa ABSTRACT | FULL TEXT

Kangave , Jalia (Ph.D. 2011) Reconstituting the role of law in development-induced displacement and resettlement : lessons from Uganda’s Bujagali hydroelectric project ABSTRACT | FULL TEXT

Kasai , Erika (LL.M. 2000) Public Participation in Canadian Environmental Decision-making : Form Without Function? ABSTRACT | FULL TEXT

Kaufmann , Manfred Max (LL.M. 1987) Unjust Enrichment and the Recovery of Money Mistakenly Paid ABSTRACT | FULL TEXT

Kaushal , Asha Pearl (Ph.D. 2013) The jurisdiction of difference : groups and law ABSTRACT | FULL TEXT

Keenan , Kelly Patricia (LL.M. 2005) Developing Countries and the Right to Informed Decision-Making : Failures of the Cartagena Protocol on Biosafety ABSTRACT | FULL TEXT

Kelly , Fiona Jane (LL.M. 2003) Conceptualizing the Child Through an Ethic of Care : Custody and Access Law Reform in Canada ABSTRACT | FULL TEXT

Kelly , Fiona Jane (Ph.D. 2007) Transforming Law’s Family : The Legal Recognition of Planned Lesbian Families ABSTRACT | FULL TEXT

Kelly , Katrina Robertson (LL.M. 1994) Public and Private Information : The Access Dichotomy ABSTRACT | FULL TEXT

Kent , Gerald N. (LL.M. 2006) Ideas for Civil Justice Reform from the Classical Nepalese Legal System ABSTRACT | FULL TEXT

Kerluke , Michelle (LL.M. 2016) Canadian trademarks and keyword advertising : the unsettled debate over trademark keywords ABSTRACT | FULL TEXT

Kim , Hyojung (LL.M. 2023) A balance between flexibility and certainty in fair use : analysis of the compatibility of US fair use and Canadian fair dealing with Korean copyright law ABSTRACT | FULL TEXT

Kimber , Cliona Janet Marie (LL.M. 1991) Self-Determination for Women ABSTRACT | FULL TEXT

Kimuli , Moses Aldrin (LL.M. 1980) Legal Aspects of Public or Crown Corporations in Canada ABSTRACT | FULL TEXT

Kindt , Anne (LL.M. 2005) International Criminal Justice : An Unattainable Goal or Current Reality? ABSTRACT | FULL TEXT

Kirby , Alison L. (LL.M. 1996) Reflections on the Canadian Payments Systems : From Manual Clearing to Electronic Funds Transfers ABSTRACT | FULL TEXT

Kirchen Abegg , Ladina (LL.M. 2010) Sex, Policies and Payroll ABSTRACT | FULL TEXT

Kirk , Elizabeth Agnes (LL.M. 1994) The Changing Shape of Sovereignty in International Environmental Law ABSTRACT | FULL TEXT

Kiyani , Asad Ghaffar (Ph.D. 2016) International crime and the politics of international criminal theory ABSTRACT | FULL TEXT

Kleefstra , Zelius (LL.M. 2012)

Correlation between break fee and asset purchase option regulation in Canada and its empirical effects ABSTRACT | FULL TEXT

Klineberg , Joanne (LL.M. 2002) Moral Involuntariness as a Principle of Excusing Conditions : What’s Choice Got to Do with It? ABSTRACT | FULL TEXT

Knight , Dean R. (LL.M. 2004) Estoppel (principles?) in Public Law : The Substantive Protection of Legitimate Expectations ABSTRACT | FULL TEXT

Knight , William Harwood (LL.M. 1967) A General Perspective of Canadian Constitutional Interpretation as Illustrated by the Criminal Law Power ABSTRACT | FULL TEXT

Kolb , Andreas Stephan (LL.M. 2008) The Responsibility to Protect : Legal Rights and Obligations to Save Humans from Mass Murder and Ethnic Cleansing ABSTRACT | FULL TEXT

Koshan , Jennifer (LL.M. 1997) Doing the “Right” Thing : Aboriginal Women, Violence and Justice ABSTRACT | FULL TEXT

Kowalski , Andrzej (LL.M. 1990) Beyond rule-based legal expert systems : using frames and case-based reasoning to analyze the tort of malicious prosecution ABSTRACT | FULL TEXT

Kremzner , Mark Thaddeus (LL.M. 1995) Property Concepts and Institutions in China : Does Tradition Abide? ABSTRACT | FULL TEXT

Kroft , Edwin Grant (LL.M. 1980) The “Going Private” Transaction : A Genre of Minority Shareholder Squeezeout ABSTRACT | FULL TEXT

Kucukali , Berna Tugce (LL.M. 2022) The protection of AI-generated works under European copyright law : toward adoption of a neighbouring rights approach ABSTRACT | FULL TEXT

Kyle , Rosanne Marie (LL.M. 1996) Aboriginal Use and Management of Fisheries in British Columbia ABSTRACT | FULL TEXT

La’Cassie , Marguerite Helen (LL.M. 1991) Disasters in the offshore : are regulators learning their lessons? ABSTRACT | FULL TEXT

Labman , Shauna (LL.M. 2007) The Invisibles : An Examination of Refugee Resettlement ABSTRACT | FULL TEXT

Labman , Shauna Erin (Ph.D. 2012) At law’s border : unsettling refugee resettlement ABSTRACT | FULL TEXT

Lai , Amy T. Y. (Ph.D 2018) The right to parody : copyright and free speech in selected jurisdictions ABSTRACT | FULL TEXT

Lazarte , Patricia Gonzales (LL.M. 2004) Mining, Environment and Communities in Peru : Two Case Studies of Canadian Investment ABSTRACT | FULL TEXT

Leane , Geoffrey W.G. (LL.M. 1992) “Environmental Law” or “Development Law” : Deconstructing Liberal Guilt ABSTRACT | FULL TEXT

Ledger , Matthew (LL.M. 2017) The best interests of the child and the potential of collaborative family law : a critical analysis of collaborative lawyers’ perspectives on important issues in collaborative practice ABSTRACT | FULL TEXT

Lee , Emily Hsiang-Hui (LL.M. 1998) “Can’t be Nailed Twice” : Avoiding Double Taxation by Canada and Tawain ABSTRACT | FULL TEXT

Lee , Hsiang-Hui Emily (Ph.D. 2007) Comparative Studies on the Financial Holding Company Laws and Practices in the U.S. and Taiwan ABSTRACT | FULL TEXT

Lee , Joanne Elizabeth (LL.M. 2000) The Right to Self-Determination : An International Criminal Law Perspective ABSTRACT | FULL TEXT

Leger , Sylvie N. (LL.M. 1999) “People” and “Minority” from Theory to Reality ABSTRACT | FULL TEXT

Leslie , Jason (LL.M. 2015) Pluralist moral theory in the philosophy of property and the legal form of the condominium ABSTRACT | FULL TEXT

Leslie , Jason Stuart (Ph.D. 2022) The financialization of housing in Canada and federally-backed mortgage securitization : public risks, private benefits ABSTRACT | FULL TEXT

Levene , Rachael (LL.M. 2005) Irregular Migrant Workers in the UK : A Story of Marginalization ABSTRACT | FULL TEXT

Levesque , Jordan (LL.M. 2016) The right to be forgotten : no solution to the challenges of the digital environment ABSTRACT | FULL TEXT

Li , Jianyong (LL.M. 1996) The China Labour Code : Its Major Issues and Improvement ABSTRACT | FULL TEXT

Li , Juan (Ph.D. 2017) Legal culture of migrant construction workers in China ABSTRACT | FULL TEXT

Li , Yuguo (LL.M. 1994) China and GATT : A Comparative Study on the Issues of Mainland China, Hong Kong and Taiwan in International Organizations ABSTRACT | FULL TEXT

Liang,  Wenqin (Ph.D. 2017) Governing China’s domestic carbon market ABSTRACT | FULL TEXT

Liao , Carol (LL.M. 2010) Rethinking U.S. Corporate Governance Reform in the Wake of the Global Financial Crisis ABSTRACT | FULL TEXT

Liao , Carol (Ph.D. 2016) For-profit, non-profit, and hybrid : the global emergence of legally ‘good’ corporations and the Canadian experiment ABSTRACT | FULL TEXT

Liao , I-Hui Amy (LL.M. 2000) Banking Reforms in Global Market : China and Taiwan ABSTRACT | FULL TEXT

Lin , Chia-Chi Jackie (LL.M. 1996) Foreign Access to Banking Markets in China and Taiwan ABSTRACT | FULL TEXT

Lin , Hua-wei (LL.M. 1997) Policy Analysis of Foreign Investment Companies Limited by Shares ABSTRACT | FULL TEXT

Liu , Jinrong (LL.M. 1997) Corporate Governance in Publicly-Held Companies : Lessons for China’s Companies Limited by Shares ABSTRACT  |  FULL TEXT

Liu , Yanyan (LL.M. 2004) Economic Dispute Resolution by Administrative Organs and Courts in China; From a Transparency Perspective ABSTRACT | FULL TEXT

Liu , Yue (Ph.D 2016) Autonomy of Chinese judges : dynamics of people’s courts, the CPP and the public in contemporary judicial reform ABSTRACT | FULL TEXT

Lothian , Lori Ann (LL.M. 2002) Mapping Contested Terrain : The Doctrine of Failure to Protect in Canadian Criminal Law ABSTRACT | FULL TEXT

Love , Helene (LL.M. 2011) Age and ageism in the sentencing of older adults ABSTRACT | FULL TEXT

Lucas , Alastair Richard (LL.M. 1967) Pollution Control Law in British Columbia : The Administrative Approach ABSTRACT | FULL TEXT

Luesley , Andrew John Arthur (LL.M. 2017) Playing the race card : racial bias in judicial decision-making ABSTRACT | FULL TEXT

Lund , Anna Jane Samis (Ph.D. 2015) Discretionary decision-making by trustees in Canada’s personal bankruptcy system ABSTRACT | FULL TEXT

Lunny , Vincent Thomas (LL.M. 1997) A Scottish Perspective on the Defence of Intoxication ABSTRACT | FULL TEXT

Luo , Jiajun (LL.M. 2015) China toward Constitutionalism? Institutional development under the Social Rule of Law system ABSTRACT | FULL TEXT

Lynch , Lorna (LL.M. 1999) The Future of Remedies : Moving Beyond Divided Legal and Equitable Remedies in Canadian Law ABSTRACT | FULL TEXT

MacDonald , Kelly A. (LL.M. 2000) First Nations Child and Family Services : Whither Self-Governance? ABSTRACT | FULL TEXT

MacDonald , Susan D. (LL.M. 2018) Sport slavery. The exploitation of teenagers by ‘mock-amateur’ for-profit sport cartels : a study of the National Collegiate Athletic Association (NCAA) & the Canadian Hockey League (CHL) : can law obtain compensation for these monetized young stars? ABSTRACT | FULL TEXT

MacKenzie , David Richard (LL.M. 1999) Many Paths to Modernity : Human Rights, Development and the World Bank ABSTRACT | FULL TEXT

Mackenzie , Ian Alan (LL.M. 2013) Catching the fox : restricting the right to pre-trial silence in Canada ABSTRACT | FULL TEXT

Mackenzie , James M.(LL.M. 1976) Environmental Management of Coastal Forests in British Columbia : An Ecolegal Analysis ABSTRACT | FULL TEXT

MacLean , Murdo (LL.M. 1979) A Study of the Legal Aspects of Abortive Contract Negotiations ABSTRACT | FULL TEXT

MacMull , Joel Geoffrey (LL.M. 2006) Revolutionary Continuity in China : Temporary Dislocations or Terminal Hemorrhaging? Exposing Recent Legal Reforms as Ideological Conformity ABSTRACT | FULL TEXT

MacMillan , Craig S. (Ph.D. 1997) A Modern Star Chamber : An Analysis of Ordered Statements in the Royal Canadian Mounted Police ABSTRACT | FULL TEXT

Maharaj , Krishneel (LL.M. 2012) The availability of gain-based damages for breach of contract ABSTRACT | FULL TEXT

Maharaj , Krishneel (Ph.D. 2020) An equitable approach to mitigation in contract ABSTRACT | FULL TEXT

Makinde,  Oludolapo ‘Toyosi (LL.M. 2019) Developing corporate governance in Nigeria : lessons from a comparative analysis of Nigerian and Canadian corporate governance frameworks ABSTRACT | FULL TEXT

Manley-Casimir , Kirsten (Ph.D. 2016) Reconceiving the duty to consult and accommodate Aboriginal peoples : a relational approach ABSTRACT | FULL TEXT

Manley-Casimir , Michael E. (LL.M. 2004) The Meaning of ‘Freedom of Conscience’ in the Canadian Charter of Rights and Freedoms: a Polyvocal Cultural Analysis ABSTRACT | FULL TEXT

Marquis , Louis (Ph.D. 2000) Why is There an International Commercial Uniform Law Rather Than Nothing? : A Postmodern Manifesto ABSTRACT | FULL TEXT

Marsden , Sarah Grayce (Ph.D. 2013) Law’s permissions, law’s exclusions : precarious migration status in Canada ABSTRACT | FULL TEXT

Marshall , Joan Snape (LL.M. 1977) The Reception of English Law as a Modern Legal Problem ABSTRACT | FULL TEXT

Martin , Thomas (LL.M. 2021) Is global convergence of competition law the answer? How East Asian challenges demonstrate the limitations of the convergence strategy ABSTRACT | FULL TEXT

Mayer , Elizabeth (LL.M. 1998) Who are You Calling a Child? The Limits on Street-involved Youth Using Legal Rights ABSTRACT | FULL TEXT

McCallum , Sandra Kathleen (LL.M. 1974) Environmental Impact Assessment : A Comparative Study of the Effect of Federal Institutional Arrangements Upon Environmental Impact Assessment Procedures in Canada and the United States ABSTRACT | FULL TEXT

McCann , Deirdre Maria (LL.M. 1996) Women of No Importance? The Ontario Pay Equity Act and Low Paid Women ABSTRACT | FULL TEXT

McCausland , Sally Peata (LL.M. 1997) Protecting Aboriginal Cultural Heritage in Australia : Looking for Solutions in the Canadian Experience ABSTRACT | FULL TEXT

McCleery , Kyle Andrew (LL.M. 2019) The paramount consideration : decision-making by the British Columbia Review Board in initial disposition decisions ABSTRACT | FULL TEXT

McCue , Lorna June (LL.M. 1998) Treaty-making from an Indigenous Perspective : A Ned’u’ten – Canadian Treaty Model ABSTRACT | FULL TEXT

McDonald , Morgan (LL.M. 2012) The US federal courts’ deliberate approach : shaping their role in climate reform through procedural tools ABSTRACT | FULL TEXT

McIntyre, Donald D. (LL.M. 2008) Two Roads – No Exit : An In-Camera Discourse on Negotiations in North America Today ABSTRACT | FULL TEXT

McNamee , Ciaran (LL.M. 2006) Changed Utterly? Continuity and Change in the Regulation of Irish Identities ABSTRACT | FULL TEXT

McPhillips , David C. (LL.M. 1979) Employer Free Speech During Organization Drives and Decertification Campaigns ABSTRACT | FULL TEXT

Meir , Adiel (LL.M. 2007) Administrative detentions : balancing civil rights and national security ABSTRACT | FULL TEXT

Mercado , Josine Ruth Remorca (LL.M. 2001) The Responsibility of the U.S. under International Law for the Legacy of Toxic Waste at the Former U.S. Bases in the Philippines ABSTRACT | FULL TEXT

Mercan , Dennis (LL.M. 2003) Whistle Blowing in the Public Service of Canada ABSTRACT | FULL TEXT

Meredith , Deborah Jean (LL.M. 1987) Consumer Protection in the Condominium Purchase – The Purchaser’s Perspective ABSTRACT | FULL TEXT

Michie , Jane Heddle (LL.M. 1992) Tax Avoidance : The Canadian Experience ABSTRACT | FULL TEXT

Middleton , Kirsty Giselle (LL.M. 1994) A Reappraisal of Humanitarian Intervention ABSTRACT | FULL TEXT

Mikus , Rudolf Alexander (LL.M. 1995) The Reasonable Person in Substantive Canadian Criminal Law ABSTRACT | FULL TEXT

Millbank , Jenni (LL.M. 1994) What Do Lesbians Do? : Motherhood Ideology, Lesbian Mothers and Family Law ABSTRACT | FULL TEXT

Mills , Patricia Dawn (Ph.D. 2005) Reconciliation : Gitxsan Property and Crown Sovereignty ABSTRACT | FULL TEXT

Milward , David leo (Ph.D. 2009) Raven Grows New Feathers : Realizing Contemporary Indigenous Visions of Justice in Canada Through the Culturally Sensitive Interpretations of Legal Rights ABSTRACT | FULL TEXT

Min , Jeewon (Ph.D. 2014) Transnational law and borders in the Korean peninsula and beyond ABSTRACT | FULL TEXT.

Mohan , Arun (LL.M. 2010) Balancing the Other ‘Scale’ of Justice : Nurturing Work-Life Balance in the Legal Profession ABSTRACT | FULL TEXT

Mohs , Anne (LL.M. 2010) Choice v. Equality : The Legal Recognition of Unmarried Cohabitation in Canada ABSTRACT | FULL TEXT

Moorman , David Guy (LL.M. 1989) Vertical Restraints in the Distribution Process Under New Zealand Competition Law ABSTRACT | FULL TEXT

Morgan , Nancy Mary Jane (LL.M. 2007) Peril and promise : legal aid and securitized asylum policies ABSTRACT | FULL TEXT

Morris , Catherine Ann (LL.M. 2001) Peacebuilding in Cambodia : Transforming Public Dialogue about Human Rights ABSTRACT | FULL TEXT

Morris , Timothy James (LL.M. 2004) Allocating Ground Water in the Great Lakes Basin : An Analysis of International and Domestic Law and Policy ABSTRACT | FULL TEXT

Mosimann , Michael Peter (LL.M. 2014) Corporate legal aspects of impact investments in British Columbia ABSTRACT | FULL TEXT

Mosoff , Judith (LL.M. 1994) Motherhood, Madness, and the Role of the State ABSTRACT | FULL TEXT

Mueller , Holger (LL.M. 1995) The Adoption of the UNCITRAL Model Law by the Federal Republic of Germany in the Light of British Columbia’s Experiences ABSTRACT | FULL TEXT

Muftau , Ismail (LL.M. 2023) Overview of the African continental free trade area (AfCFTA) and challenges of implementation : Nigeria and South Africa’s implementation as case studies ABSTRACT | FULL TEXT

Mundorff , Kurt. (LL.M. 2007) Taking 2(E) seriously : forcible child transfers and the convention on the prevention and punishment of the crime of genocide ABSTRACT | FULL TEXT

Mundorff , Kurt. (Ph.D. 2018) A cultural interpretation of the Genocide Convention ABSTRACT | FULL TEXT

Munnariz , Gerardo J. (Ph.D. 2017) Indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in Peru ABSTRACT | FULL TEXT

Muquim , Naimul (L.L.M. 2017) Strangers to citizenship : an analysis of the deplorable conditions of the Urdu-speaking community in Bangladesh ABSTRACT | FULL TEXT

Naef,  Brendan (Ph.D. 2019) The responsibility of home states for violations of international obligations by their corporate citizens in fragile states ABSTRACT | FULL TEXT

Nakamura , Miyako (LL.M. 1992) Women Workers in Export Processing Zones in Asia : A Political Economy Perspective ABSTRACT | FULL TEXT

Nakayama , Kiyoshi (LL.M. 1987) Transfer Pricing Taxation – Canadian Perspective and Japanese Perspective ABSTRACT | FULL TEXT

Nash , Brett Jason (LL.M. 2016) Confluence of the law of fresh water resources and international trade : do Canada’s international trade obligations apply to Canada’s fresh water resources? ABSTRACT | FULL TEXT

Neun , Heather (LL.M. 2019) Law’s meanings for equality in the Americas : less impoverished visions for Canada ABSTRACT | FULL TEXT

Nickason , Millicent Frances (Ph.D. 2020) Nation-building in 21st century Canada: the role of legitimacy in the transformation of Crown-First Nations relations ABSTRACT | FULL TEXT

Nielsen,  Lene Spang Dyhrberg (LL.M. 1999) Much Ado About (Almost) Nothing : The Youth Criminal Justice Act Paradigms & Paradoxes Within Canadian Youth Justice Philosophy ABSTRACT | FULL TEXT

Niu , Jinhui (LL.M. 2010) Recent Developments in Business Method Patents in the U.S. and the Implication to the People’s Republic of China : A Comparative Perspective ABSTRACT | FULL TEXT

Nosek , Grace (LL.M. 2017) Climate change litigation and narrative : how to use litigation to tell compelling climate stories ABSTRACT | FULL TEXT

Nosek , Grace (Ph.D. 2023) Climate discourse polluted : a cumulative effects analysis of the fossil fuel industry’s tactics to influence public discourse ABSTRACT | FULL TEXT

Nowlin , Christopher Jon (LL.M. 1993) Sexist Implications of Law’s Fidelity to Science and Reason ABSTRACT | FULL TEXT

Nussbaum , Matthias (LL.M. 2005) Golden Handshakes and Golden Parachutes : Severance Packages for Corporate Executives ABSTRACT | FULL TEXT

Nwapi , Chilenye (Ph.D. 2012) Litigating extraterritorial corporate crimes in Canadian courts ABSTRACT | FULL TEXT

Nyborg , Anne Mette (LL.M. 2007) Income Characterization and the Sharing of Global Tax Revenues in the Context of Electronic Commerce ABSTRACT | FULL TEXT

Odumosu , Ibironke Tinuola (Ph.D. 2010) ICSID, Third World Peoples and the Re-Construction of the Investment Dispute Settlement System ABSTRACT | FULL TEXT

Oguamanam , Chidi Vitus (LL.M. 2000) Biological Diversity and Intellectual Property Rights : The Challenge of Traditional Knowledge ABSTRACT | FULL TEXT

Oguamanam , Chidi (Ph.D. 2003) International Law, Plant Biodiversity and the Protection of Indigenous Knowledge : An Examination of Intellectual Property Rights in Relation to Traditional Medicine” ABSTRACT | FULL TEXT

Okafor , Obiora Chinedu (LL.M. 1995) The Concept of Legitimate Governance in the Contemporary Municipal and International Legal Systems : An Interdisciplinary Analysis ABSTRACT | FULL TEXT

Okafor , Obiora Chinedu (Ph.D. 1998) Re-Defining Legitimacy : International Law, Multilateral Institutions and the Problem of Socio-Cultural Fragmentation Within Established African States ABSTRACT | FULL TEXT

Oke , Oluwakemi Oluwafunmilayo (LL.M. 2021) Implementing global norms in local contexts : evaluating the effectiveness of transparency and accountability in the Nigerian extractive sector ABSTRACT | FULL TEXT

Okeowo , Ademola Oladimeji (Ph.D 2018) The Nansen Initiative and the development of an international protection norm for cross-border disaster-displaced persons ABSTRACT | FULL TEXT

Olarewaju,  Temitayo (L.L.M 2017) The quest for development in chaos : what crisis events reveal about Nigeria’s legal system ABSTRACT | | FULL TEXT

Olyaei , Shiva (LL.M. 2007) “The Two Sides of the Same Coin” A Critical Study of the Freedom of Religious Expression on the Current Headscarf Controversies ABSTRACT | | FULL TEXT

Olyaei , Shiva (Ph.D 2018) A critical analysis of the role of law and feminist legal approaches in women’s life advancement : a case study of the one million signatures campaign ABSTRACT | FULL TEXT

Omonuwa , Adesuwa Nore (LL.M. 1992) The European Communities and African, Caribbean and Pacific (ACP) Countries : Political, Economic and Legal Effects of the Single European Act 1986 on Post-1992 Economic Relations ABSTRACT | FULL TEXT

Omotor , Stanley Oghenevwairhe (LL.M. 2022) Sustaining the corporate income tax rates of small businesses in developing economies : lessons for Nigeria from Canada, South Africa, and the UK ABSTRACT | FULL TEXT

Omotosho , Mariam Ololade (LL.M. 2021) Impact of regulatory frameworks on informal cross border trade in Nigeria : a case study of the rice import restriction and border closure of 2019 ABSTRACT | FULL TEXT

Orie , Kenneth Kanu (LL.M. 1989) Managing the Less Developed Countries’ Debt Problem ABSTRACT | FULL TEXT

Orr , Stewart Douglas (LL.M. 1986) An Analysis of Heritage Property Legislation : Balancing the Public Interest with Protection for the Property Owner ABSTRACT | FULL TEXT

Osborne , Judith Anne (LL.M. 1989) The Legal Status of Lottery Schemes in Canada : Changing the Rules of the Game ABSTRACT | FULL TEXT

Oshynko , Norma Anne (LL.M. 2002) No Safe Place : The Legal Regulation of Street Harassment ABSTRACT | FULL TEXT

Ouatu , Marcela (LL.M. 2014) Modified universalism for cross-border insolvencies : does it work in practice? ABSTRACT | FULL TEXT

Owen , Simon Matthew (LL.M. 2010) The Ground Beneath our Speech : Moral Ordering in Plea-Based Criminal Justice ABSTRACT | FULL TEXT

Oyama , Kuniko (LL.M. 1993) Legal Controls on Corporate Management in Japan : Comparison with Common Law Jurisdictions ABSTRACT | FULL TEXT

Pahuja , Sundhya (LL.M. 1999) Normalizing Pathologies of Difference : The Discursive Functions of IMF Conditionality ABSTRACT | FULL TEXT

Parker , David Richard (LL.M. 1996) Beyond Command and Control : Do Voluntary Initiatives Hold Promise for Enhanced Environmental Protection? ABSTRACT  |  FULL TEXT

Parker , Sarah R. H. (LL.M. 2013) Discretionary administrative decisions and the Charter of Rights : Doré and determining the “proportionate” balance ABSTRACT | FULL TEXT

Parup , Mats Stefan (LL.M. 1978) Procedural Safeguards in the Administrative Process ABSTRACT | FULL TEXT

Parker , David Richard (LL.M. 1996) Beyond Command and Control : Do Voluntary Initiatives Hold Promise for Enhanced Environmental Protection? ABSTRACT | FULL TEXT

Parmar , Pooja (LL.M. 2006) Revisiting the Human Right to Water ABSTRACT | FULL TEXT

Parmar , Pooja (Ph.D. 2012)

Claims, Histories, Meanings : Indigeneity and Legal Pluralism in India ABSTRACT | FULL TEXT

Patch , Tom W. (LL.M. 2005) Equal in Theory : An Assessment of Anti-Discrimination Statutes as Equality Tools for People with Disabilities ABSTRACT | FULL TEXT

Paton , Elizabeth Katrine (LL.M. 1990) Privacy Law and the Media ABSTRACT | FULL TEXT

Pauer , Stefan U. (Ph.D. 2019) Border carbon adjustments in support of domestic climate policies : explaining the gap between theory and practice ABSTRACT | FULL TEXT

Pawluk , Lorna A. (LL.M. 1990) Variable compensation in British Columbia ABSTRACT | FULL TEXT

Pearlston , Karen (LL.M. 1999) “For the More Easy Recovery of Debts in His Majesty’s Plantations” : Credit and Conflict in Upper Canada, 1788-1809 ABSTRACT | FULL TEXT

Peihani , Maziar (Ph.D. 2014) “Basel committee on banking supervision : a post-crisis analysis of governance and accountability” ABSTRACT | FULL TEXT

Pesklevits , Richard Dale (LL.M. 2002) Customary Law, the Crown and the Common Law : Ancient Legal Islands in the Post-Colonial Stream ABSTRACT | FULL TEXT

Peterson , Ryan (LL.M. 2023) Applying context theory : the narrative of homelessness and law ABSTRACT | FULL TEXT

Pike , Sarah P. (LL.M. 2018) Gilbert Malcolm Sproat, British Columbia Indian reserve commissioner (1876-1880), and the “humanitarian civilizing” of indigenous peoples ABSTRACT | FULL TEXT

Pilliar , Andrew (LL.M. 2012) Exploring a law firm business model to improve access to justice and decrease lawyer dissatisfaction ABSTRACT | FULL TEXT

Pilliar , Andrew (Ph.D. 2020) Understanding the market for personal legal services to improve access to civil justice in Canada ABSTRACT | FULL TEXT

Ponomarenko , Iryna (LL.M. 2013) Proper proportions of law : justifying democratic credentials of proportionality analysis in constitutional adjudication ABSTRACT | FULL TEXT

Ponomarenko , Iryna (Ph.D. 2022) Towards a theory of deference in Canadian proportionality jurisprudence ABSTRACT | FULL TEXT

Powell , Brenda Heelan (LL.M. 1999) Uncertain Risk, Causation and Precaution in Toxic Tort Litigation ABSTRACT | FULL TEXT

Prebble , Zoë Margaret (Ph.D 2018) Overlapping criminal offences and gendered violence : what is overlap and when is it part of the problem of overcriminalisation? ABSTRACT | FULL TEXT

Pudovskis , Matthew Stephen (LL.M. 2013) Traditional ecological knowledge and environmental governance in Canada : the role of law and comprehensive agreements in facilitating incorporation ABSTRACT | FULL TEXT

Qi , Xiaodong (LL.M. 1993) A Comparative Study of the Ownership Control vs. Management Right Issue Between the Chinese Enterprise Laws and Canadian Corporate Laws< ABSTRACT | FULL TEXT

Rabbi , Nahid (LL.M. 2022) Development-induced forcible displacement as a crime against humanity of forcible transfer of population under the Rome Statute ABSTRACT | FULL TEXT

Radkova , Lenka (LL.M. 2001) Moral Rights of Authors in International Copyright of the 21st Century : Time for Consolidation? ABSTRACT | FULL TEXT

Rainforth , George (LL.M. 2020) How do the jurisdictions of India, Canada and the United Kingdom interpret the inventive step requirement for follow-on pharmaceutical innovation? ABSTRACT | FULL TEXT

Rajan , Cindy L. (LL.M. 1995) International Trade and Taxation : The GATT and Domestic Tax Policy ABSTRACT | FULL TEXT

Ramage , Ian (LL.M. 2002) Patenting Innovation : Intellectual Property Rights in the New Economy ABSTRACT | FULL TEXT

Ramirez-Espinosa , Naayeli Esperanza (Ph.D. 2014) Indigenous struggles for land rights in Canada, Japan and Mexico : Delgamuukw, Nibutani Dam and Zirahuén ABSTRACT | FULL TEXT

Ramsay , David Peter (LL.M. 1997) Toward a New Wills Variation Act ABSTRACT | FULL TEXT

Ramshaw , Sara Lynne (LL.M. 2008) Sign of the Times : Celebrity, Truth, and Legal Storytelling ABSTRACT | FULL TEXT

Rankin , Mark W.J. (LL.M. 1992) The Role of a Board of Directors in Responding to an Unsolicited Takeover Bid ABSTRACT | FULL TEXT

Reayat , Irfan (LL.M. 2013) Reconciling rhetoric and reality : putting “development” at the centre of the game ABSTRACT | FULL TEXT

Reddy , Venita-Sherryl (LL.M. 2001) Improving Compliance with the Law Prohibiting Genocide, War Crimes and Crimes against Humanity : Recalling the Human Factor ABSTRACT | FULL TEXT

Rei-Anderson , Cody (LL.M. 2019) What role for copyright in podcasting? : a study of crowdfunding and advertising models in an emerging medium ABSTRACT | FULL TEXT

Reid , Nichola Jane Williams (LL.M. 1982) Conflicts in Divorce Jurisdiction and Recognition ABSTRACT | FULL TEXT

Reilly , Alexander (LL.M. 1996) The Heart of the Matter : Emotion in the Criminal Law ABSTRACT  |  FULL TEXT

Reindel , Florian (LL.M. 1993) Inter-American Human Rights Protection : How Methods and Rules of Interpretation are Being Framed ABSTRACT | FULL TEXT

Ren , Ke (LL.M. 1998) Re-Examining the Hostile Takeover ABSTRACT | FULL TEXT

Reuter , Michael F.M. (LL.M. 1987) Some Implications of the Canadian Tax Law on Foreign Investments in Canada – A German Perspective ABSTRACT | FULL TEXT

Reynolds , Larry A. (LL.M. 1995) New Directions for Environmental Impairment Insurance in Canada ABSTRACT | FULL TEXT

Riede , Lutz (LL.M. 2004) Building Open Cultures : The Commons in a Digitally Networked Environment ABSTRACT | FULL TEXT

Rigg , Jeremy (LL.M. 1998) Performance under Pressure : The Impact of Coercive Authority upon Consent to Treatment for Sex Offenders ABSTRACT | FULL TEXT

Riihijarvi,  , Marja Kristiina (LL.M. 1992) Penalizing Corporations for Environmental Offences : A Comparative Study of the Canadian Experience and the Finnish Law Proposal ABSTRACT | FULL TEXT

Robinson , Keith Liam Hamilton (LL.M. 1996) The ‘Dangerousness’ Provisions of the Criminal Justice Act 1991 – A Risk Discourse? ABSTRACT | FULL TEXT

Rochette , Annie (LL.M. 1998) Rape of the World : An Ecofeminist Critique of International Environmental Law ABSTRACT | FULL TEXT

Rose , Gregory John (LL.M. 1995) Forfeiting Legal Fees with Proceeds of Crime : The Ability of Accused Persons to Pay ‘Reasonable Legal Fees’ out of Alleged Proceeds of Crime ABSTRACT | FULL TEXT

Rowland-Rouse , Jacqueline (LL.M. 1981) The Strategic Use of Intellectual and Industrial Property Laws to Maintain and Extend a Dominant Position in the Pharmaceutical Industry ABSTRACT | FULL TEXT

Rowntree , Lenore Ruth (LL.M. 1987) Innovations in the Law of Lending : A Study of the Participation Mortgage and a Proposal for Reform of the Law of Commercial Mortgages ABSTRACT | FULL TEXT

Rozefort , Wallace (LL.M. 1985) Criminal Prosecution, the Defence of Religious Freedom and the Canadian Charter ABSTRACT | FULL TEXT

Rush , Joan L. (LL.M. 2006) Stillborn Autonomy: Why the  Representation Agreement Act  of British Columbia Fails as Advance Directive Legislation ABSTRACT | FULL TEXT

Russ , Kelly Harvey (LL.M.2006) Modern Human Rights : The Aboriginal Challenge ABSTRACT | FULL TEXT

Russell , Shannon (LL.M. 2020) Exploring the role of penetration in sexual offences in Canada ABSTRACT | FULL TEXT

Russi , Raffaella (LL.M. 1997) Exclusive Distribution Agreements and Competition Law : an Analysis ABSTRACT | FULL TEXT

Russo , Robert Marc (LL.M. 2006) Labour Development : The Improbable Reconciliation of Globalization with the Rights of Workers ABSTRACT | FULL TEXT

Russo , Robert Marc (Ph.D. 2012)

Solidarity forever, Canadians never : SAWP workers in Canada ABSTRACT | FULL TEXT

Salvatori , Peter E. (LL.M. 1981) Capital Gains and Surplus Stripping ABSTRACT | FULL TEXT

San Roque , Mehera Rose (LL.M. 1999) Popular Trials/Criminal Fictions/Celebrity Feminism and the Bernardo/Homolka Case ABSTRACT | FULL TEXT

Sandgathe , Tracey Layne (LL.M. 2007) Environmental Impact Assessment and the Promise of Eco-Pragmatism : A Consideration of the Canadian Environmental Assessment Act ABSTRACT | FULL TEXT

Sankey , Jennifer M. (Ph.D. 2021) Using Indigenous legal processes to strengthen Indigenous jurisdiction : Squamish Nation land use planning and the Squamish Nation assessment of the Woodfibre liquefied natural gas projects ABSTRACT | FULL TEXT

Sarpong , George Agyemang (LL.M. 1984) The Impact of the Law of the Sea Convention on Vessel-Source Pollution Enforcement in the Exclusive Economic Zone ABSTRACT | FULL TEXT

Sawicki , Marta Catherine (LL.M. 2004) Application of the Right of Reproduction to the Internet: Should Browsing be Considered Copyright Infringement? ABSTRACT | FULL TEXT

Schofield , Clive Howard (LL.M. 2009) The Trouble with Islands ABSTRACT | FULL TEXT

Sevenoaks , Helen Mary Emma (LL.M. 2010) The Remedy of Substantive Consolidation Under the Companies’ Creditors Arrangement Act : A Closer Examination of Domestic and Cross-Border Issues ABSTRACT | FULL TEXT

Sharma , Kavita A. (LL.M. 1986) Ownership and Control of Foreign Direct Investment : India and Canada ABSTRACT | FULL TEXT

Sheddi , Abdullah Al (LL.M. 1991) The Legal Regime of International Straits : A Case Study of the Legal and Political Implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Sidebothom , Naomi Elizabeth (LL.M. 1994) Jurisidictional Review : An Error of Jurisdiction or Jurisprudence? ABSTRACT | FULL TEXT

Sidsworth , Robin (LL.M. 2010) Aboriginal Participation in the Vancouver/Whistler 2010 Olympic Games : Consultation, Reconciliation and the New Relationship ABSTRACT | FULL TEXT

Sievers , Monika (LL.M. 1991) Liberalization of foreign direct investment : Europe 1992 and the U.S.-Canada Free Trade Agreement ABSTRACT | FULL TEXT

Sigrist , Pierre (LL.M. 1990) Standby Letters of Credit and Fraud ABSTRACT | FULL TEXT

Simcock , David Keith (LL.M. 1977) Shareholder’s Personal Actions – A Comparative Study ABSTRACT | FULL TEXT

Simm , Gabrielle Anne (LL.M. 2005) Exotic Others : Gender and Refugee Law in Canada, Australia and the United States ABSTRACT | FULL TEXT

Simpson , Gerry J. (LL.M. 1989) The Right of Secession in International Law : A New Theory of Legitimacy ABSTRACT | FULL TEXT

Smallwood , Kate Penelope (LL.M. 1993) Coming out of Hibernation : The Canadian Public Trust Doctrine ABSTRACT | FULL TEXT

Smeltzer , Gerald Gilbert (LL.M. 1985) Legal Rights to Information and Skilled Employees in the Computer Industry ABSTRACT | FULL TEXT

Smith , Donald Myles (LL.M. 1988) Title to Indian Reserves in British Columbia : A Critical Analysis of Order in Council 1036 ABSTRACT | FULL TEXT

Sokhansanj , Banafsheh (LL.M. 2005) Chinese Migrant Children and Canadian Migration Law ABSTRACT | FULL TEXT

Starkl-Moser , Miriam (LL.M. 2002) Internet and Human Rights ABSTRACT | FULL TEXT

Steenkamp , Tania (LL.M. 2014) South Africa’s new bilateral investments treaty policy : a reasonable response to a flawed regime? ABSTRACT | FULL TEXT

Stevenson , Mark L. (LL.M. 2004) The Métis Aboriginal Rights Revolution ABSTRACT | FULL TEXT

Stewart , Fenner L. (LL.M. 2004) An Effective Reparations Regime for the International Criminal Court ABSTRACT | FULL TEXT

Stewart , Vivienne Hume (LL.M. 1998) Foreign Investment in China’s Infrastructure : Finding the Balance Between Efficiency and Development or How to Attract Foreign Investment to Infrastructure Projects Without Selling the Country’s Soul to the Foreign Devils ABSTRACT | FULL TEXT

Stoeckel , Katherine Jane (LL.M. 2004) Economics and the Equitable Utilization of Transboundary Freshwater ABSTRACT | FULL TEXT

Strebel , Felix D. (LL.M. 1997) The Enforcement of Foreign Judgments and Foreign Public Law ABSTRACT | FULL TEXT

Strickland , Steven Andrew (LL.M. 1979) Increasing the Emphasis on the Child in the Resolution of Custody Disputes ABSTRACT | FULL TEXT

Stynes , Sean Cleary Stynes (LL.M. 2007) Legal Ethics and Illegal Migrants : The Bounds of Ethical Conduct for Lawyers Helping ‘Illegals’ Become ‘Legal’ ABSTRACT | FULL TEXT

Sundara Rajan , Mira T. (LL.M. 1999) Developing Countries and the International Copyright Regime : The Neglected Issue of Cultural Survival ABSTRACT | FULL TEXT

Sutherland , Elaine Elizabeth (LL.M. 1984) The Development of the Implied Terms on Quality and Fitness in Sale of Goods in Britain and Canada ABSTRACT | FULL TEXT

Svanberg , Annika (LL.M. 2013) “A unique approach to the liability of P2P intermediaries” : a comparative study of copyright liability of providers of peer-to-peer file sharing services in Canada and Sweden ABSTRACT | FULL TEXT

Sweeney , Desmond (LL.M. 1997) The Recognition and Scope of Indigenous Fishing, Hunting and Gathering Rights at Common Law in Australia ABSTRACT | FULL TEXT

Switzer , James G. (LL.M. 1972) The Legal Standing of Canadian Environmental Control Organizations ABSTRACT | FULL TEXT

Taylor , Michael Brendan (LL.M. 2006) Tax Policy and Tax Avoidance : The General Anti-Avoidance Rule from a Tax Policy Perspective ABSTRACT | FULL TEXT

Telesetsky , Anastasia M. (LL.M. 2009) Insuring Against Future Climate Change : The Use of Mandatory Catastrophe Risk Insurance and Microinsurance to Promote Mitigation and Adaptation ABSTRACT | FULL TEXT

Tepre , Paul (LL.M. 2017) Liability deficit problem of multinational corporate groups : a proposal for legislative and judicial reform ABSTRACT | FULL TEXT

Terrett , Andrew J. (LL.M. 1994) Neural Networks for Legal Quantum Prediction ABSTRACT | FULL TEXT

Theodorakis , Tom (LL.M. 1996) The New Canada-U.S. Tax Treaty and the Limitation on Benefits Provision : a Justifiable Compromise? ABSTRACT | FULL TEXT

Tong , Dawna (LL.M. 1995) Gatekeeping in Canadian Law Schools : A History of Exclusion, the Rule of “Merit”, and a Challenge to Contemporary Practices ABSTRACT | FULL TEXT

Toriumi , Tetsuro (LL.M. 1983) Directors’ Duty of Care, Diligence and Skill : A Comparative Study of Japanese and Canadian Law ABSTRACT | FULL TEXT

Tousaw , Kirk I. (LL.M. 2004) Criminalizing Pleasure : Cannabis Prohibition in Canada ABSTRACT | FULL TEXT

Tremblay , Guy (LL.M. 1972) Canadian Citizenship Laws : Two Facets ABSTRACT | FULL TEXT

Tremblay , Janie (LL.M. 1996) The General Anti-Avoidance Rule : Has it Changed the Face of Tax Avoidance? ABSTRACT | FULL TEXT

Tremblay , Luc (LL.M. 1983) From Substantive Due Process to Substantive Principles of Fundamental Justice ABSTRACT | FULL TEXT

Trerise , Vicki Margaret (LL.M. 2011) Aboriginal children and the dishonour of the Crown : human rights, ‘best interests’ and customary adoption ABSTRACT | FULL TEXT

Tsiakos , George (LL.M. 2006) Refugee Protection for People with Mental Disabilities under International Law ABSTRACT | FULL TEXT

Tshering , Norbu (LL.M. 2003) A Comparison of Minority Shareholders’ Remedies in British Columbia and Bhutan ABSTRACT | FULL TEXT

Tully , Erin McEachern (LL.M. 2004) Climate Change Plan for Canada : Tax Policy and the Reduction of Greenhouse Gas Emissions ABSTRACT | FULL TEXT

Tuomi , William Victor (LL.M. 2005) Appropriating the Tools of Research : Patent Law and Biotechnology ABSTRACT | FULL TEXT

Twinomukunzi , Charles Mureisya (LL.M. 1979) The Social Responsibility of Corporations in East Africa ABSTRACT | FULL TEXT

Ullrich  Dierk (LL.M. 2000) Opening the Club – A Liberal Approach to Private Participation in the World Trade Organization’s Dispute Settlement System ABSTRACT | FULL TEXT

Umaru , Juliet Lami (LL.M. 1984) Choice of Law in International Commercial Arbitration ABSTRACT | FULL TEXT

Urapeepatanapong , Kitipong (LL.M. 1987) Legal Aspects of Countertrade under the General Agreement on Tariffs and Trade and the National Laws of Canada and Thailand ABSTRACT | FULL TEXT

Van Der Meide , Wayne (LL.M. 2001) Who Guards the Borders of ‘Gay’? : An Examination of the Implications of the Extension of ‘Spousal’ Status to Queer People Who Experience Multiple Oppression ABSTRACT | FULL TEXT

Van’t Westeinde , Jobine (LL.M. 1998) Restorative Principles in the Criminal Justice System : Alternatives for Satisfying Justice? ABSTRACT | FULL TEXT

Villaseñor Rodriguez , Fernando (Ph.D. 2017) The constitutionalization of the right to social security : a comparative analysis between Japan and Mexico ABSTRACT | FULL TEXT

Violet , Ian (LL.M. 1990) The Allocation of Responsibility for the Maintenance of the Single Parent Family ABSTRACT | FULL TEXT

Vogl , Anthea Fay (Ph.D. 2016) Refugee status determination, narrative and the oral hearing in Australia and Canada ABSTRACT | FULL TEXT

Vohra , Apurva (LL.M. 2023) Social order in the age of artificial intelligence : the use of technology in migration governance and decision-making ABSTRACT | FULL TEXT

Wade , John Harington (LL.M. 1971) Morals and the Enforcement of Values : An Analysis of the Hart-Devlin Debate ABSTRACT | FULL TEXT

Waldron , Mary Anne (LL.M. 1974) The Process of Law Reform : Focus on the New B.C. Companies Act ABSTRACT | FULL TEXT

Walewski , Paul M.A. (LL.M. 2004) Combating International Terrorism : A Study of whether the Responses by the UK and US to the Events of 9/11 are Compatible with Respect for Fundamental Human Rights ABSTRACT | FULL TEXT

Walkem , Ardith Alison (LL.M. 2005) Bringing Water to the Land : Re-cognize-ing Indigenous Oral Traditions and the Laws of Embodied Within Them ABSTRACT | FULL TEXT

Walker , Patrick (LL.M. 1992) Crown-Aboriginal Fiduciary Relationships : False Optimism or Realistic Expectations? ABSTRACT | FULL TEXT

Wallrap , Albert Samuel (LL.M. 1997) Admissibility of Novel Scientific Opinion – Unusual Bedfellows and Interdisciplinary Stories ABSTRACT | FULL TEXT

Walter , Kerstin (LL.M. 2012)

Mind the gap : exposing the protection gaps in international law for environmentally displaced citizens of small island states ABSTRACT | FULL TEXT

Wang , Chao (LL.M. 2003) National Treatment, Transparency, and Rule of Law : Evolving Issues on the Conformity of China’s Legal System with WTO’s Principles ABSTRACT | FULL TEXT

Wang , Chao (Ph.D. 2010) Redefining and Regulating Public Contracting in China : Comparative and International Perspectives ABSTRACT | FULL TEXT

Wang , Chunyan (LL.M. 2003) E-Commerce in China ABSTRACT | FULL TEXT

Wang , Feihong (LL.M. 1996) Reforming the Chinese State-owned Enterprise : A Law and Economics Perspective ABSTRACT | FULL TEXT

Ward , Ian Robert (LL.M. 1985) Misleading Government Information : An Analysis of the Legal Remedies Available to the Affected Citizens ABSTRACT | FULL TEXT

Webb , Suzanne Nicola (LL.M. 1999) The Drug Court; A Miracle or the Healer’s Hand? ABSTRACT | FULL TEXT

Weibel , Rolando (LL.M. 1973) The Quest for a New Management Structure in European Company Law ABSTRACT | FULL TEXT

Welch , Elizabeth Ann (L.L.M 2014) Succumbing to the siren song : rape myths in sexual offender sentencing in B.C. ABSTRACT | FULL TEXT

Wilkinson , Suzanne (LL.M. 2002) NAFTA, Mexico & Metalclad : Understanding the Normative Framework of International Trade Law ABSTRACT | FULL TEXT

Willenbrock , Christel (LL.M. 1995) Policy Analysis of Waste Management Legislation in Canada and Germany with a Focus on the Polluter Pays Principle ABSTRACT | FULL TEXT

Williams , Joseph Victor (LL.M. 1988) Te Mana Motuhake Me Te Iwi Maori : Indigenous Self Determination ABSTRACT | FULL TEXT

Williams-Davidson , Terri-Lynn (LL.M. 2022) Ts’uu JaasG̲alang hlG̲aajuu : cedar sisters framework ABSTRACT | FULL TEXT

Wojda , Magdalena A. (LL.M. 2015) A focus on the risk of harm : applying a risk-centered purposive approach to the interpretation of “personal information” under Canadian data protection laws ABSTRACT | FULL TEXT

Wolfson , Lorne Howard (LL.M. 1976) Juvenile Delinquents, Young Offenders and Young Persons in Conflict With the Law : A Study of Juvenile Delinquency Law Reform in Canada ABSTRACT | FULL TEXT

Woolias , David (LL.M. 2012)

“To the advantage of all concerned” : practical and principle-based arguments for a revised remedy regime for unfair dismissal in Australia ABSTRACT | FULL TEXT

Wright , David Malcolm (LL.M. 1991) Fiduciaries in a commercial context ABSTRACT | FULL TEXT

Wriley , Jennifer Lee (LL.M. 2013) The evolution of credit bidding : its recent journey and logical next step ABSTRACT | FULL TEXT

Xia , Yao Yuan (LL.M. 1990) Reconciliation of Non-Market Economies : GATT Trade Rules ABSTRACT | FULL TEXT

Xin , Jianhong (LL.M. 2000) Court Mediation in China : Time for Reform ABSTRACT | FULL TEXT

Xin , Kelei (LL.M. 1993) The Role of Law and Policy in the Offshore Petroleum Development of China ABSTRACT | FULL TEXT

Yamamoto , Yoko (LL.M. 2000) Regulating Hate Propaganda in Japan : Canadian Hate Regulation and Japanese Minorities ABSTRACT | FULL TEXT

Yamauchi , Keith Dennis (LL.M. 1994) The Reorganization of Insolvent Businesses : A Functional Comparison of the Canadian and American Models ABSTRACT | FULL TEXT

Yan , Yibing (LL.M. 1993) A Non-Market Economy’s Admission to the General Agreement on Tariffs and Trade – China’s Unique Situation ABSTRACT | FULL TEXT

Yang , Bonny (LL.M. 2002) The Law with Two Faces ABSTRACT | FULL TEXT

Yang , Jie (LL.M. 2004) Who is at Risk? Is a Carrier under a Straight Bill of Lading Entitled to Deliver Goods to the Named Consignee without Presentation of the Original Bill of Lading? ABSTRACT | FULL TEXT

Yang , Xusheng (LL.M. 1997) Securities regulation in China : A Study of its Path to Market Economy ABSTRACT | FULL TEXT

Yaron , Gil (LL.M. 2000) Awakening Sleeping Beauty : Reviving Lost Remedies and Discourses to Revoke Corporate Charters ABSTRACT | FULL TEXT

Yin , Li (LL.M. 1993) A Comparative Study of the Contract Remedy Systems Between Anglo-American and Chinese Law ABSTRACT | FULL TEXT

Yorgun , Siobhan L. (Ph.D. 2020) “Other” women in flight : sexual minority and polygynous refugee women ABSTRACT | FULL TEXT

Young , Charles A. (LL.M. 1976) Liability for Marine Pollution ABSTRACT | FULL TEXT

Yu , Linan (LL.M. 1998) Internationalization of Chinese Patent Law and Practice ABSTRACT | FULL TEXT

Zafar , Yasmeen (LL.M. 1991) Feminism, psychoanalysis and postmodernism : bridging the discourses ABSTRACT | FULL TEXT

Zafer , Muhammad Masoud Uz (LL.M. 1984) Strikes in Essential Services in British Columbia ABSTRACT | FULL TEXT

Zaharko , Janice (LL.M. 1980) Procedures for Transferring to British Columbia the Federal Government’s Interest in Offshore Oil and Gas ABSTRACT | FULL TEXT

Zanghellini , Aleardo (LL.M. 2000) Homoerotica & Homophobia : Hatred, Pornography, and the Politics of Speech Regulation ABSTRACT | FULL TEXT

Zegrean , Ivona-Elena (L.L.M 2017) Consumer welfare and private actions for damages in European Union competition law ABSTRACT | FULL TEXT

Zeng , Hang (LL.M. 2005) Antidumping and Competition : The Case of China ABSTRACT | FULL TEXT

Zhang , Jida (LL.M. 2002) Foreign-Related Commercial Disputes Resolution in China after WTO ABSTRACT | FULL TEXT

Zhang , Yulin (LL.M. 1994) International Arbitral Jurisdiction ABSTRACT | FULL TEXT

Zhang , Yulin (Ph.D. 2016) Impartial resolution of disputes in China : an intellectual property perspective ABSTRACT | FULL TEXT

Zhu , Yun (LL.M. 2002) Trade and Environmental Protection Within the World Trade Organization Framework ABSTRACT | FULL TEXT

Ziegelwanger , Vera (LL.M. 1995) Plea Bargaining : A Comparative Study of Austrian and Canadian Law ABSTRACT | FULL TEXT

Ziyi , Yang (LL.M. 2021) Family planning and gender discrimination in the workplace : an assessment of China’s two-child policy on women’s equality at work ABSTRACT | FULL TEXT

AllAboutLaw

What are you looking for? Submit

• Speak to an expert Ask about postgrad courses CHAT NOW
• SQE: Need to prep? Find out all about the SQE LEARN NOW
• Selection & Assessment Week Tues 6th - Thurs 9th Feb Reserve your Spot

Sep 20, 2019

Written By Billy Sexton

LLB Law Dissertation

So, you've picked your final modules, consolidated your favourite library seat, and are finally feeling like a big fish in the university pond. But you've got one more challenge on the horizon—the dissertation... 

The final year of your LLB is here, which means it’s time to put together a lovely 10,000 or so word law dissertation.

Gone are the days of first year where a casual 2,000-word essay would be enough to secure 50% of your module marks. Even the tougher second-year essays, where word counts were raised up to 3,500 words, now seem like a walk in the park when faced with the mammoth dissertation.

Many law students before you have faced this, so don’t worry. If they do it, you can too!

A dissertation is a marathon, not a sprint (so no last minute late nights) and working on your dissertation should be treated like eating salami (bear with us on this). You wouldn’t eat a whole salami at once as it’s much tastier in thinner slices.

Therefore, you shouldn’t do your whole dissertation at once. Put it together bit-by-bit, and it will be a much stronger piece of work!

Law dissertation ideas

What you base your law dissertation on is entirely your choice… to a certain extent. You will need to find a supervisor for your dissertation so you won’t be able to do a dissertation on a specific issue if there’s no lecturer at your university who specialises in that topic!

However, presuming there is a lecturer to guide you along the long and bumpy dissertation path, you have free choice over what you’d like to study. Usually, first class dissertations carry originality and research depth.

If you’re stuck for ideas or broad topic areas, let us help you out. We can’t cover every individual area of law  but here are ideas for some of the core areas:

Contract Law – The influence of the EU on contract law, including anti-discrimination directives, a comparison of contract law in different jurisdictions or penalty clauses in contracts.

Criminal Law – Philosophical issues surrounding criminal law, human rights in criminal procedure or social dimensions of crime.

EU Law – Immigration and the law, the law of the European Convention for Human Rights and how this affects human rights within national borders or the impact of the EU on environmental legislation.

Public Law – Public understanding or law and education, state responsibility or historical developments in public law.

These are just a handful of suggestion and may or may not tickle your fancy. It’s best to talk to a range of potential supervisors to get a feel for how they could help you. Start looking early though, as supervisors get snapped up pretty quickly!

Law dissertation structure

Your university should tell you how to structure your dissertation, but usually an introduction highlighting the objectives of the dissertation should also put forward any issues or knowledge the reader will need to be aware of in order when they progress.

Next up is your methodology and literature review. This basically means pointing out what you’re going to research and how and summarising the key arguments already out there.

Then comes the juicy bit—the evidence. This should be what you discovered from your research and a detailed analysis of this.

Finally, the conclusion should outline what you discovered and your conclusion of this.

Writing a law dissertation can be stressful and it’s highly likely you might lose a bit of sleep over it. But at the same time it’s a great opportunity to stick your teeth into a subject you’re really passionate about and gain some good marks that will contribute significantly toward your overall degree mark. 

Next article:  Post LLB: applying for the LPC vs a training contract

If you're currently on the hunt for a  Training Contract  or  Vacation Scheme , head over to our  Law Jobs section.

Advertisement

LLB Final Years

• Commercial awareness in final year
• Coping with stress in the final year
• LLB final year: what you should be doing
• Overcoming problem areas in academic qualifications
• Post-LLB: applying for the LPC vs a training contract

A New Approach to LSAT Writing Will Debut on August 1, 2024

By Susan Krinsky

As legal education curricula and the practice of law continue to change with the times, LSAC is innovating to provide a new writing assessment that responds to the evolving needs of the profession.

On August 1, a redesigned approach to the LSAT Writing section of the LSAT will make its debut as we open the 2024-2025 testing cycle, which begins with the August administration of the LSAT.

This new approach to the writing assessment will help law schools continue to make holistic admission decisions and help prospective law students better prepare for the writing they will do in law school and beyond – still without the need for any specialized skills, knowledge, or experience with legal concepts.

Since 1982, LSAT Writing prompts have been designed to assess logical reasoning in the context of argumentative writing. But legal education curricula, the legal profession, and the demands of legal practice continue to evolve. In our ongoing conversations with law schools and the legal profession, we hear consistently about the importance of strong analytical and argumentative writing skills and the need to better assess a student’s potential earlier in their academic journey.

Based on input from our member schools and other stakeholders in the legal profession, the new LSAT Writing section of the LSAT will be an even more effective tool for assessing the writing skills of individuals prior to law school. These changes will help schools better understand the writing capabilities of applicants for the purposes of their admission decisions. It will also enable law schools to better provide writing support for their students who need to strengthen their writing skills so they are better prepared for bar passage, finding employment, and practice.

This new approach aims to assess a test taker’s ability to construct a cogent argument based on a variety of evidentiary sources. Test takers will be presented with a debatable issue along with different perspectives that provide additional context. These perspectives, each of which is conveyed in a few sentences, are representative of a system of beliefs or values. Together, the perspectives illustrate competing ideologies and arguments around a particular issue. The test taker will then draft an argumentative essay in which they take a position, while addressing some of the arguments and ideas presented by the other perspectives.

The new argumentative writing task is designed to give test takers a clearer, more authentic writing purpose than the former “decision based” LSAT Writing prompt, which was more narrowly focused on pure logical reasoning. When test takers have an opportunity to construct an original thesis and defend it based on their own judgment and analytical evaluation, rather than following pre-ordained lines of reasoning, we can better assess a broader and more complex range of decision-making skills that writers engage in.

By adopting this design, we’re not only enabling individuals to have a more authentic voice in their argument, but we are also better positioned to evaluate the writer’s ability to employ various rhetorical techniques, evidentiary strategies, and other important aspects of argumentative writing.  

Given the additional reading required, we will be adding a short preparatory period to the LSAT Writing test, which test takers can use to organize their thoughts using guided prewriting analysis questions and to take notes using the digital notetaking tool provided in the testing environment. The questions are designed to help test takers analyze the various perspectives and generate productive ideas for their essay. Most test takers will have a total of 50 minutes – 15 minutes for prewriting analysis and 35 minutes for essay writing. Test takers with approved accommodations for additional time will have their time allocations adjusted accordingly.

To give test takers the opportunity to prepare, we have published a sample prompt as part of the free Official LSAT PrepTest library available in LawHub . Test takers can begin to familiarize themselves with the new approach and take practice LSAT Writing sessions in the official LSAT Writing environment.

We are also providing a sample of the new LSAT Writing prompt on LSAC.org . It should be noted that this LSAC.org sample is a “text only” version and that test functionality, including the timing function, is included in the practice environment in LawHub .

LSAT Writing has always been a part of the LSAT. Over the years, law schools have expressed the desire to make greater use of the writing portion in their holistic evaluations, so we moved to a digital assessment (instead of handwritten) so that schools could receive, read, and evaluate the students’ work. The changes we are announcing today will make the writing sample even more useful to schools in their evaluation and admission processes.

For the 2024-2025 testing cycle, LSAT Writing will remain an unscored part of the LSAT. Over the course of the 2024-2025 testing cycle, we will be analyzing data of the new LSAT Writing prompt to assess its validity and reliability with a long-term goal of providing a scored LSAT Writing assessment that schools may use in their holistic admission process.

We are excited to offer this new approach to LSAT Writing, starting August 1. We believe this new approach will allow test takers to demonstrate their writing skills even more effectively and will provide schools with even more insight into the strengths and potential of applicants.

Share this /

Susan L. Krinsky

• Book a Speaker

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.

Error message details.

Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.

Overtime Rule: Raise Salaries or Reclassify Employees?

Employers with exempt employees making less than the new minimum salary requirements for exempt workers will need to decide whether to raise salaries or reclassify employees as nonexempt. HR should consider the economic and morale impacts of reclassification.

The overtime rule raises the standard salary threshold in two phases . Workers who do not earn at least $43,888 ($844 a week) as of July 1, 2024, will have to be paid overtime, even if they’re classified as a manager or professional. The salary threshold rises to $58,656 a year ($1,128 a week) as of Jan. 1, 2025. After that, there are automatic increases to the salary threshold every three years.

Nondiscretionary bonuses and incentive payments (including commissions) paid on an annual or more frequent basis may be used to satisfy up to 10 percent of the standard salary level.

To be exempt from overtime under the Fair Labor Standards Act’s (FLSA’s) executive, administrative, and professional (EAP) exemptions—the so-called white-collar exemptions—employees must be paid a salary of at least the threshold amount and  meet certain duties tests . If they are paid less or do not meet the tests, they must be paid 1.5 times their regular hourly rate for hours worked in excess of 40 in a workweek.

To qualify for the highly compensated employee exemption, an employee must be paid a total annual compensation of at least $132,964 (effective July 1, 2024) and then at least $151,164 (effective Jan. 1, 2025), paid on a salary basis. For the highly compensated employee exemption, the exempt worker only has to satisfy one job duty instead of the entire EAP job duties test, said Dena Sokolow, an attorney with Baker Donelson in Tallahassee, Fla.

[Related Resource:  SHRM Annual Conference & Expo 2024 concurrent session  “Wage and Hour Compliance: A DOL Update and Ways to Avoid Common FLSA Overtime Liability Landmines” ]

Economic Impact

“In deciding exempt versus nonexempt classification, HR will want to initially consider the economic impact of classification decisions,” said Laura O’Donnell, an attorney with Haynes Boone in San Antonio and Austin, Texas.

For example, does an impacted employee often work overtime? If so, and the employee is reclassified as nonexempt, the employee’s total compensation would likely increase, she said. “And if the compensation, with overtime, will likely increase, will this increase exceed the new salary minimums?” O’Donnell asked. “If so, increasing the salary may be a better option than reclassification. Conversely, if the employee rarely works overtime, it may make more economic sense to reclassify the employee as nonexempt.”

Whether salaries can be increased to satisfy the new threshold may depend on how close the workers’ pay is to the new threshold, said Rob Boonin, an attorney with Dykema in Ann Arbor, Mich.

Morale Considerations

The analysis should not be limited to economic impact, O’Donnell said.

“Many employees view their exempt classification as recognition that they are performing more sophisticated and important duties than their nonexempt peers,” she said. “Even if their ultimate compensation does not change or even increases, employees may view reclassification as a demotion.”

Overtime eligibility doesn’t necessarily translate into hefty overtime earnings for all newly reclassified employees. Employers might choose to reduce the hours in some positions. Employers would still have to pay for all earned overtime but could discipline workers who worked unapproved overtime, which could further hurt morale.

In addition, businesses might respond to the raised salary threshold for exemptions by conducting layoffs, said Tim Taylor, an attorney with Holland & Knight in Tysons, Va.

Nonexempt employees must record their work time so they can be paid any earned overtime.

“If impacted employees have not previously had to record time, the employees may resent this new requirement,” O’Donnell said. “The cost of negative morale is often difficult to quantify but can lead to many negative consequences such as a loss of productivity, decreased employee engagement, eroding of culture, turnover, and increased HR time addressing concerns.”

Disgruntled employees are more likely to sue. “Therefore, HR will also want to evaluate whether the potential morale impact of converting an exempt employee to nonexempt is worth any potential economic savings,” O’Donnell said.

If a company decides to reclassify exempt employees, HR should think strategically about how to communicate and implement that change to realize the best possible employee experience, she said.

Boonin said some salary compression is inevitable, which may impact those whose pay is above the new threshold. Pay compression occurs when the pay difference between employee levels shrinks so that higher-level workers feel that their pay advantage is no longer significant. Pay compression may require an overall evaluation of an employer’s entire compensation structure, he said.

Salaried Nonexempt Employees

“The ability to retain a salary but reclassify employees as nonexempt could be a useful tool to mitigate the potential morale concerns with converting an exempt employee to nonexempt,” O’Donnell noted.

Nonexempt employees are often thought of as hourly employees, Sokolow said. However, the FLSA does not require that nonexempt employees be paid on an hourly basis. A salaried nonexempt employee is a worker who is paid a fixed salary for all hours worked but is still eligible for overtime pay for any hours worked beyond 40 in a workweek.

The vast majority of nonexempt workers are paid hourly and are not salaried, said David Barron, an attorney with Cozen O’Connor in Houston and Chicago.

“Irrespective of how a nonexempt employee is paid, the employer needs to track the employee’s time and pay the employee overtime, if applicable,” O’Donnell said. “There could still, therefore, be negative employee experiences if a previously exempt employee is suddenly told that the employee needs to start recording time.”

Employers also will need to train reclassified employees and their managers on the ways in which the reclassification could impact work habits, including telling nonexempt workers not to respond to emails if they are not on the clock, said Brett Coburn, an attorney with Alston & Bird in Atlanta.

A California assemblymember has proposed giving workers a right to disconnect in that state, a proposal SHRM opposes. The bill, AB 2751, might restrict the natural flow of work that occasionally necessitates overtime, according to SHRM.

Prepare vs. Wait and See?

Employers should prepare for the first salary-threshold increase on July 1, said Taylor, a former deputy solicitor of labor. “That increase simply adjusts for inflation,” he said.

Employers might want to wait and see over the next few months whether the second, much larger increase planned for Jan. 1, 2025, is likely to occur, he added: “That second increase is legally aggressive, and its fate in court is uncertain.” 

Related Content

A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

Advertisement

Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.

HR Daily Newsletter

New, trends and analysis, as well as breaking news alerts, to help HR professionals do their jobs better each business day.

Success title

Success caption

Maxwell Boltzmann Distribution Law

AI Generator

Maxwell-Boltzmann Distribution Law is a fundamental principle in physics that describes the distribution of particle speeds in a gas. This law of physics applies to ideal gases and states that the fraction of particles moving at a specific speed depends on the temperature and the particle’s mass. The distribution curve shows that most particles move at an average speed, with fewer particles moving at much higher or lower speeds. This law is essential in statistical mechanics. Providing insight into the kinetic behavior of gas molecules.

What is Maxwell Boltzmann Distribution Law?

Maxwell boltzmann distribution law formula.

The formula for the Maxwell-Boltzmann Distribution Law describes the distribution of speeds of particles in an ideal gas. It is expressed as:

• 𝑓(𝑣): Probability density function of particle speed 𝑣
• 𝑚: Mass of a gas particle
• 𝑘: Boltzmann constant (1.38×10⁻²³ J/K)
• 𝑇: Absolute temperature (in Kelvin)
• 𝑣: Speed of the gas particle

The formula provides the probability of finding a particle with a particular speed at a given temperature. It shows that the speed distribution is skewed, with most particles having a moderate speed, and fewer particles having very low or very high speeds.

Maxwell Boltzmann Distribution Law Derivation

The Maxwell-Boltzmann Distribution Law provides the statistical distribution of speeds for particles in an ideal gas. Here’s a simplified derivation:

Energy of a Particle: Consider a single gas particle with kinetic energy 𝐸=1/2𝑚𝑣² . Where 𝑚 is the particle’s mass and v is its speed.

Distribution of Energies: The probability of finding a particle with a specific energy follows the Boltzmann distribution, which is 𝑃(𝐸)∝𝑒−𝐸𝑘𝑇​ . Here, 𝑘 is the Boltzmann constant, and 𝑇 is the absolute temperature.

Probability Distribution: Since 𝐸=1/2𝑚𝑣², the speed distribution becomes: 𝑃(𝑣)∝𝑣²𝑒^−𝑚𝑣²/2𝑘𝑇 . The 𝑣² term arises because we consider the number of possible states for each energy level.

Normalization: To find the exact distribution, the function must be normalized to integrate to 1 over all possible speeds. This gives the full Maxwell-Boltzmann distribution: 𝑓(𝑣)=4𝜋(𝑚/2𝜋𝑘𝑇)^3/2𝑣²𝑒^−𝑚𝑣²/2𝑘𝑇

This formula describes the probability distribution of speeds for gas particles, showing that most particles have a moderate speed, with fewer particles having very high or very low speeds.

Uses of Maxwell Boltzmann Distribution Law

• Kinetic Theory of Gases: This law provides insight into how gas molecules distribute their speeds, thereby allowing scientists to predict gas behavior at different temperatures.
• Thermodynamics: Physicists use the distribution to understand energy distributions in gases. Which is essential in calculating thermodynamic properties like pressure and temperature.
• Statistical Mechanics: The law plays a key role in understanding the statistical behavior of particles, forming a foundation for the study of gases.
• Chemical Reactions: Chemists utilize the Maxwell-Boltzmann distribution to predict the speed at which reactions occur, as it helps in understanding the collision rates of reacting molecules.
• Transport Phenomena: The law aids in analyzing transport phenomena such as diffusion and viscosity by predicting how particle speeds affect these processes.
• Atmospheric Science: Researchers apply the distribution to model the behavior of gases in the atmosphere, which helps in studying weather patterns and climate change.

Examples for Maxwell Boltzmann Distribution Law

• Gas Behavior in Atmospheres: Researchers study planetary atmospheres to determine the speed distribution of gas molecules. By applying the Maxwell-Boltzmann distribution, they can better predict temperature and pressure variations at different altitudes.
• Chemical Reaction Rates: In chemistry, the law predicts the speed distribution of reacting molecules. As a result, scientists use this information to estimate collision rates, which, in turn, helps in understanding reaction kinetics.
• Thermal Conductivity: By examining the speed distribution of gas particles, engineers utilize the Maxwell-Boltzmann distribution to understand how temperature affects the thermal conductivity of gases and improves heat transfer processes.
• Velocity Distribution in Laboratories: In physics experiments, researchers rely on the Maxwell-Boltzmann distribution to analyze the velocities of gas particles in controlled environments. Thus, they gain insights into the influence of temperature and molecular mass.
• Ideal Gas Studies: Scientists use this law to understand the behavior of ideal gases. Particularly when estimating properties such as internal energy and entropy based on particle speed distributions.

FAQ’S

What affects maxwell-boltzmann distribution.

Temperature and particle mass significantly affect the distribution. Increased temperature shifts speeds higher, and lighter particles reach higher speeds than heavier ones.

What is the unit of the Boltzmann distribution?

The Boltzmann distribution is a probability density function, so it has units of 1/speed for the Maxwell-Boltzmann distribution.

How does temperature affect Maxwell Boltzmann distribution?

Higher temperatures broaden the distribution, increasing the average particle speed, while lower temperatures narrow it, reducing particle speed.

Text prompt

• Instructive
• Professional

10 Examples of Public speaking

20 Examples of Gas lighting

Woman’s 30-year ‘vendetta’ against brother over farm is ‘worst example of weaponisation’ of courts

Litigation was over ‘an everyday dispute that could happen to any family in ireland’, high court judge says.

A High Court judge said a 30-year litigation was over ‘an everyday dispute that could happen to any family in Ireland’

A High Court judge has described a woman’s 30-year pursuit of a “vendetta” against her brother in a dispute over a small family farm in Co Sligo as the “worst example of the weaponisation of the courts” he has seen.

The litigation was over “an everyday dispute that could happen to any family in Ireland, a relatively modest inheritance under a parent’s will”, Mr Justice Michael Twomey said.

As Elizabeth Shannon was able to pursue her “litany” of “vexatious” claims against her brother John in the High Court, where costs are affordable only to “millionaires”, she was able to “inflict financial pain” on him up to 100 times greater than if she had to bring her cases in the District Court, and up to 10 times greater than if she had to go to the Circuit Court, he said.

Despite winning the “numerous ... misguided and abusive” claims taken against him by his sister Elizabeth, there was no evidence that Mr Shannon ever recovered any of his legal costs from her, the judge said.

Rebel Spanish nuns split with Vatican amid property spat

Baby died in hospital after complications arose during attempted homebirth, inquest hears

‘I believe this man is the attacker’: Irish woman accuses Madeleine McCann suspect in rape case

Case against Dublin firefighter accused of rape in Boston to be moved to higher court

Due to the fact Ms Shannon represented herself, she was able to “weaponise” the legal system even more than other litigants because she could force her brother to spend tens of thousands each time she sued him but incurred little or no costs herself.

Mr Justice Twomey made his comments in a judgment upholding Mr Shannon’s right to possession of a 64-acre farm and house at Leaffoney, Kilglass, left to him by his mother, who died in 1994.

The order was opposed by his twin sisters, Elizabeth and Gwendoline, who had refused to leave the property, their family home, and claimed to be its owners. Despite numerous judgments holding against Elizabeth Shannon in “a stream of litigation” over 30 years, she continued to maintain at the latest hearing that she is entitled to the property, the judge said.

She was previously made subject to an order preventing her bringing proceedings without leave of the court in relation to the property dispute and the only reason her “unfounded” claim was aired in this hearing was because Mr Shannon had been “forced” to take proceedings over the sisters’ continued occupation of the property, he said.

They had returned there immediately after being removed in 2006 and Mr Shannon, while not seeking to execute a possession order, was concerned they might claim adverse possession. Having concluded Ms Shannon’s defence to her brother’s application was “without merit”, the judge affirmed the possession order.

In 1961, he said, there were 400 per cent more District Courts than High Courts in the State. As a result of various laws introduced since, the judge said, there are now 41 per cent more District Courts than High Courts, meaning access for many people to affordable justice has been significantly reduced.

There are now 51 High Court judges in the State, five times more per head than in England and Wales. The judge stressed that he was not suggesting there are too many High Court judges here “for the amount of litigation” heard in that court. However, he said this case “vividly illustrates” why the apparent concentration of litigation in the High Court resulting from the changes “does not, in this court’s view, make the system better for the litigant”.

The changes increased the likelihood of people like Mr Shannon ending up having relatively minor cases heard not in affordable courts but in the High Court at costs out of all proportion to the value of the dispute, the judge said. In very broad terms, he said, a District Court hearing might cost €500 or more, this increased to €5,000 or more in the Circuit Court and to €50,000 or multiples of that in the High Court, he said.

Mr Justice Twomey said it was the Oireachtas, not judges or lawyers, which determines the rules for calculating legal costs that have set High Court costs at millionaire levels. Any reduction in legal costs would make the system better for the litigant but “might not be regarded as being in the interests of the legal profession”.

Ireland ranks among the highest-cost jurisdictions internationally for civil litigation, he said, and if the most recent calls for legal-costs reform are as unsuccessful as previous calls, this situation will remain unchanged.

An alternative option that the Oireachtas might consider is to have the same number of affordable courts here as Ireland used to have in previous decades and to ensure only serious disputes, or ones where the value is proportionate to the likely legal costs, are heard in the High Court.

The courts’ role is limited to highlighting the issues to try to make the system better for the litigant, he said, noting there is no lobby group to highlight the impact of all of this on the people most negatively impacted, like Mr Shannon.

Legal costs are an issue for every person in the State, particularly those on average incomes because not many people would be willing to face financial ruin, in the form of a High Court legal costs order against them, to obtain justice from a court, he said.

• Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
• Join The Irish Times on WhatsApp and stay up to date
• Listen to our Inside Politics podcast for the best political chat and analysis

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times

IN THIS SECTION

Man convicted of sexual assault ‘is a dangerous sexual predator and everyone should know his name’, parents remain haunted by death of only child in co cork assault, religious youth leader jailed for defilement and sexual exploitation of girl, irish times poll: public mood on immigration hardening as local and european elections approach, irish workers among the least productive in europe, study indicates, south dublin tennis club slams student accommodation plan, first look at new over 23s nightclub in dublin city centre: ‘it’ll be big. it’ll be loud. it’ll be spectacular’, i visited singapore to see why it is ranked as the top education system in the world. here’s what i learned, latest stories, ecb’s schnabel sounds cautious note on pace of rate cuts, theresa may muses on liz truss’s shelf life and boris johnson’s affairs as she nears the end of her time as an mp, it engineer gets half year’s pay over redundancy that did not ‘exhaust all options’, scottie scheffler detained after incident before us pga championship round.

• Terms & Conditions
• Privacy Policy
• Cookie Information
• Cookie Settings
• Community Standards