Tag: HESA LAW JOURNAL

This article argues that arbitration offers a valuable and efficient alternative to the judicial resolution of disputes in a variety of areas, particularly in maritime law. Wilfred Feinberg

This Note argues that Canada should recognize a privilege for media defendants similar to the United States actual malice standard in order to guarantee fully the freedom of the press set forth in the new Charter of Rights and Freedoms. Part I examines the recently adopted Charter, and the similarity between its free press provision Read More …

Courts have been struggling to determine the proper grounds for the issuance of an ”injunction against honor. The purpose of this Note is to analyze exactly which circumstances warrant an injunction against honor. Part I will discuss the origin and development of the relevant law in this area. Part II will analyze those situations in Read More …

The single greatest enemy of law is war. I refer not merely to the history of foreign dictatorships where repression is tightened still further at a time of military conflict. No, I refer also, sad to say, to the painful experience of our own country. Legal tradition gave way to military pressure. But cannot law Read More …

The book’s introduction reveals a startling premise that will potentially affect all counties, not just those in the Third World: by the year 2000, almost sixty urban centers will have populations in excess of five million, and almost fifty of those urban centers will lie in developing countries. The essential structure of Mr. Kitay’s book Read More …

This Note examines the Court’s current construction of article 95. This construction involves a fairly strict and straightforward application of article 95’s broad prohibition upon discriminatory internal taxation by one member state against imports from another member state. The Court has also created an exception to this broad prohibition. This Note will define this exception Read More …

This Note examines the justness of the Kear decision. The current provisions of the Extradition Treaty, the powers of bounty hunters, and the role of the courts in regulating extradition are discussed. The Note concludes that extradition was not only proper, but necessary in order to maintain the Extradition Treaty’s goal of suppressing crime through Read More …

Dr. Martin Luther King, Jr. famously stated that the “arc of the moral universe is long, but it bends toward justice.”1 When it comes to justice for atrocity crimes, the shape and length of that arc varies significantly by situation and is impacted by a number of factors. On one end of the spectrum might Read More …

This Note argues that without the finding of an agency or alter-ego relationship between a parent and its subsidiary, the acts of a subsidiary cannot, under the doctrine of corporate separateness, be attributed to a parent. Unless the acts of a subsidiary can be attributed to the parent, the existence of the parent-subsidiary relationship alone Read More …

This paper will examine judicial review of the arbitration process from the viewpoint of the arbitrator, who is professionally interested in careful and fair procedures leading to an award that will not be overturned by the courts. The principle area of study will be the maritime arbitrations to which the Federal Arbitration Act (the statute) Read More …