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Roncarelli is remembered fifty years later particularly because of Justice Rand’s now iconic statement that “there is no such thing as absolute and untrammelled discretion.” Justice Rand defined “untrammelled discretion” as circumstances where action can be taken on any ground or for any reason that can be suggested to the mind of the decision maker. This statement has been understood to mean that all public regulation exercised through discretionary decision-making by executive officials has legal boundaries, and that the role of the courts is to ensure that decisions do not exceed those boundaries.
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Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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This study analyzes the arguments employed by Quebec judges when deciding whether a clause is abusive under article 1437 of the Civil Code of Québec. This analysis is inspired by the common law distinction between the substantive and procedural aspects of contractual unfairness. Thus, courts often invoke substantive factors to assess a clause’s abusive character, such as the equivalence of the obligations, proportionality, reciprocity, commutativity, departure from the usual obligations or from the essential obligation and causal link. However, it was found that courts also rely on procedural criteria to assess abuse, such as the information given to the adhering party concerning the contents of the contract as well as compliance with the adhering party’s reasonable expectations.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Abstract Over the past decade, abolitionist feminist and evangelical Christian activists have directed increasing attention toward the “traffic in women” as a dangerous manifestation of global gender inequalities. Despite renowned disagreements around the politics of sex and gender, these groups have come together to advocate for harsher penalties against traffickers, prostitutes’ customers, and nations deemed to be taking insufficient steps to stem the flow of trafficked women. In this essay, I argue that what has served to unite this coalition of “strange bedfellows” is not simply an underlying commitment to conservative ideals of sexuality, as previous commentators have offered, but an equally significant commitment to carceral paradigms of justice and to militarized humanitarianism as the preeminent mode of engagement by the state. I draw upon my ongoing ethnographic research with feminist and evangelical antitrafficking movement leaders to argue that the alliance that has been so efficacious in framing contemporary antitrafficking politics is the product of two historically unique and intersecting trends: a rightward shift on the part of many mainstream feminists and other secular liberals away from a redistributive model of justice and toward a politics of incarceration, coincident with a leftward sweep on the part of many younger evangelicals toward a globally oriented social justice theology. In the final section of this essay, I consider the resilience of these trends given a newly installed and more progressive Obama administration, positing that they are likely to continue even as the terrain of militarized humanitarian action shifts in accordance with new sets of geopolitical interests.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The Canadian Environmental Assessment Act (CEAA), as well as comparable laws such as the Ontario Environmental Assessment Act, is precisely the type of law one would expect to play a role in mitigating greenhouse gas (GHG) emissions from new projects. Unfortunately, in practice, CEAA is proving to be a failure in reducing or even stabilizing ever-increasing Canadian GHG emissions most notably from the oil and gas sector, particularly the tar sands. This article explores the reasons why CEAA has thus far disappointed advocates hoping to see the mitigation of GHG emissions from new projects. The author suggests that headway in reducing GHG emissions may nonetheless be made under CEAA by convincing courts that significance can only be defined in a manner consistent with the dictates of climate science. In particular, a focus on cumulative effects may help define significance in a more climate-friendly manner. The article also explores law reform options that would make CEAA a more effective tool in addressing climate change.