Category: Law Rev Contents

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University of Toronto Law Journal – Volume 66, Number 4, Fall 2016

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University of Toronto Law Journal – Volume 66, Number 4, Fall 2016

FOCUS FEATURE: ARTIFICIAL INTELLIGENCE, BIG DATA, AND THE FUTURE OF LAW

In this Focus Feature, we argue that machines will perform many of the tasks currently performed by lawmakers, judges, and lawyers. However, rather than offer a dystopian vision of a legal world run by machines, we suggest that the changes will be mostly beneficial. … Anthony Casey and Anthony Niblett explore how the dichotomy of rules and standards will vanish in a world of such vast information. Rules are simplistic and precise, but they are rarely ideal because they do not factor in particular circumstances. They are often too strict or too loose. Standards are vague and create costly legal uncertainty and risk aversion. …  Benjamin Alarie explores the transition from an analogue world with slow and costly communication to a digitally connected world with real time and nearly costless communication, and he predicts that it will bring with it significant societal advantages. In the long run, Alarie predicts the advent of ‘legal singularity.’ With the realization of legal singularity, a complete specification of tax law (and, indeed, all of the other areas of law) is predicted. …  Albert Yoon argues that the technology will augment, rather than replace, lawyers. Lawyers will need to adapt as particular tasks become automated. Yoon argues that in the same way that electronic spreadsheets changed the nature of accounting, the effect of augmenting technologies will be a net positive for the legal services industry. Innovative law firms will be able to provide cheaper, faster, and more accurate legal advice. (excerpt from “Law in the future”)

Law in the future
Benjamin Alarie, Anthony Niblett, and Albert H Yoon

Self-driving laws
Anthony J Casey and Anthony Niblett

The path of the law: Towards legal singularity
Benjamin Alarie

The post-modern lawyer: Technology and the democratization of legal representation
Albert H Yoon

ARTICLES
Acquisitive prescription and fundamental rights
Neil Duxbury

Rethinking original ownership
Yael R Lifshitz

Quantifying Dunsmuir: An empirical analysis of the Supreme Court of Canada’s jurisprudence on standard of review
Robert Danay

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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UC Davis Law Review, Issue 50:1 (November 2016)

Articles

Miranda 2.0
Tonja Jacobi

Unearthing Summary Judgment’s Concealed Standard of Review
Jonathan Remy Nash

The Hostile Poison Pill
Christine Hurt

Bad Medicine: Parents, the State, and the Charge of “Medical Child Abuse”
Maxine Eichner

Externality Entrepreneurism
Lisa Grow Sun & Brigham Daniels

Conspiracy as Contract
Laurent Sacharoff

Appealing to Congress
Justin Collings

Note

The Electronic “Sign-in-Wrap” Contract: Issues of Notice and Assent, the Average Internet User Standard, and Unconscionability
Erin Canino

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University of Toronto Law Journal – Volume 66, Number 3, Summer 2016

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University of Toronto Law Journal – Volume 66, Number 3, Summer 2016

FOCUS FEATURE: THE FUTURE OF LAW AND DEVELOPMENT
In this focus feature, David Trubek and Michael Trebilcock present an assessment of the past forty years of the law and development movement and map the challenges that lie ahead. While law and development research today seems to be on more solid ground than it was in the late 1960s and early 1970s, it is still at risk of facing a second demise. The recent revival of the law and development movement has been marked by a research agenda increasingly attuned to the importance of local context. On the one hand, contextualization has countered the ethnocentric analysis produced in the Global North and exported to developing countries in the 1960s. On the other hand, attention to context has caused a severe fragmentation of the academic dialogue, as the concern with adaptation to particular circumstances defies any attempt to somehow connect these research efforts in one single conceptual framework. The new generation of law and development scholars is thus left with the challenge of maintaining contextualization, while avoiding letting the movement break down into a ‘series of self-referential silos.’

The past and future of law and development
Mariana Mota Prado

Law and development: Forty years after ‘Scholars in Self-Estrangement’
David M Trubek

Between universalism and relativism: Reflections on the evolution of law and development studies
Michael Trebilcock

ARTICLES
Enhancing moral relationships through strict liability
Seana Valentine Shiffrin

Taking on responsibility and trusting others: A response to Shiffrin
Sophia Moreau

The utopian promise of private law
Hanoch Dagan

BOOK REVIEW
Thomas Piketty Capital in the Twenty-First Century
Hamish Stewart

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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UC Davis Law Review, Issue 49:5 (June 2016)

Articles

Against Administrative Judges
Kent Barnett

Collaboration Theory: A Theory of the Charitable Tax-Exempt Nonprofit Corporation
Eric C. Chaffee

FERC’s Expansive Authority to Transform the Electric Grid
Joel B. Eisen

The Unresolved Interpretive Ambiguity of Patent Claims
Oskar Liivak

Innovation Law and Policy: Preserving the Future of Personalized Medicine
Rachel E. Sachs

Response

The Relationships Between Speech and Conduct
Jane R. Bambauer

Notes

No Paper? No Problem: Ushering in Electronic Wills Through California’s “Harmless Error” Provision
Gökalp Y. Gürer

Warning Third Parties of Genetic Risks in the Era of Personalized Medicine
Kanu Song

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University of Toronto Law Journal – Volume 66, Number 2, Spring 2016

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University of Toronto Law Journal – Volume 66, Number 2, Spring 2016

ARTICLES

An Economic Analysis Of Waiver Of Tort In Negligence Actions
Edward M Iacobucci and Michael J Trebilcock

The Inhospitable Court
Elaine Craig

Disgorgement: From Property To Contract
Nicholas W Sage

REVIEW ARTICLE

The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology
Michel Rosenfeld

 

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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UC Davis Law Review, Issue 49:4 (April 2016)

Lecture

Information Fiduciaries and the First Amendment
Jack M. Balkin

Articles

The Pendulum Swings: Reconsidering Corporate Criminal Prosecution
David M. Uhlmann

Predatory Management Buyouts
Iman Anabtawi

Bankrupt Rivers
Rhett Larson & Kelly Kennedy

Safe Harbors, Sure Shipwrecks
Susan C. Morse

Arctic Energy Cooperation
Hari M. Osofsky, Jessica Shadian & Sara L. Fechtelkotter

Essay

Navigating the Uber Economy
Benjamin Means & Joseph A. Seiner

Note

Definitional Avoidance: Arbitration’s Common-Law Meaning and the Federal Arbitration Act
Niall Mackay Roberts

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University of Toronto Law Journal – Volume 66, Number 1, Winter 2016

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University of Toronto Law Journal – Volume 66, Number 1, Winter 2016
Public Law for the Twenty-First Century – special symposium issue

ARTICLES
Introduction: Public law for the twenty-first century
David Dyzenhaus

Polycentricity and queue jumping in public law remedies: A two-track response
Kent Roach

Public law and ordinary legal method: Revisiting Dicey’s approach to droit administratif
Mark D Walters

The lure and the limits of dialogue
Aileen Kavanagh

Adjudicating constitutional rights in administrative law
Tom Hickman

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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UC Davis Law Review, Issue 49:3 (February 2016)

Articles

How Litigants Evaluate the Characteristics of Legal Procedures: A Multi-Court Empirical Study
Donna Shestowsky

Absurdity and Excessively Delayed Executions
Russell L. Christopher

Constitutional Stickiness
Ozan O. Varol

Patent Asymmetries
Sean B. Seymore

Recognizing Rights in Real Time: The Role of Google in the EU Right to Be Forgotten
Edward Lee

Contract Meta-Interpretation
Shawn Bayern

Note

Developing a First Amendment Framework for the Regulation of Online Educational Data: Examining California’s Student Online Personal Information Protection Act
Katherine P. McGrath

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UC Davis Law Review, Issue 49:2 (December 2015)

Symposium — Corruption and Compliance: Promoting Integrity in a Global Economy

Keynote by Jay Jorgensen
Jay T. Jorgensen & C. Kevin Marshall

Deconstructing Duty Free: Investor-State Arbitration as Private Anti-Bribery Enforcement
Andrew Brady Spalding

Measuring the Impact of Non-Prosecution and Deferred Prosecution Agreements on Foreign Corrupt Practices Act Enforcement
Mike Koehler

The Mystery of Declinations Under the Foreign Corrupt Practices Act: A Proposal to Incentivize Compliance
Beverley Earle & Anita Cava

Using Form to Counter Corruption: The Promise of the Public Benefit Corporation
Joseph W. Yockey

The Good Bribe
Philip M. Nichols

How China’s Crackdown on Corruption Has Led to Less Transparency in the Enforcement of China’s Anti-Bribery Laws
Daniel C.K. Chow

Is There a Right to Be Free from Corruption?
Anita Ramasastry

Corruption in India: A Violation of Human Rights
C. Raj Kumar

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Please join us January 29 for our 2016 Symposium, Disjointed Regulation: State Efforts to Legalize Marijuana.

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UC Davis Law Review, Issue 49:1 (November 2015)

Articles

“When Mercy Seasons Justice”: Interstate Recognition of Ex-Offender Rights
Wayne A. Logan

Free Speech Without Democracy
Ashutosh Bhagwat

Gaming the System: The Exemption of Professional Sports Teams from the Fair Labor Standards Act
Charlotte S. Alexander & Nathaniel Grow

The Oedipus Hex: Regulating Family After Marriage Equality
Courtney Megan Cahill

Leaky Covenants-Not-to-Compete as the Legal Infrastructure for Innovation
Robert W. Gomulkiewicz

Justice at War: Military Tribunals and Article III
Peter Margulies

Note

Kickstart My Lawsuit: Fraud and Justice in Rewards-Based Crowdfunding
Christopher Moores

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