The Supreme Court of Canada Ruling in Carter v. Canada: A New Era of End-of-Life Care for Canadians

La tribune de l'éditeur / Editor's Soapbox

Institutional Boundaries and Judicial Review - Some Thoughts on How the Court is Going About Its Business: Desperately Seeking Coherence

Cet article a précédemment été publié par la Supreme Court Law Review (Second Series).

Justice constitutionnelle et subsidiarité : l'apport de l'expérience canadienne pour la construction européenne

La précision des critères d’application du principe de subsidiarité et le développement de son contrôle par les institutions politiques constituent un progrès vers un plus grand respect de ce principe ; ces avancées restent néanmoins insuffisantes à en prévenir toute violation. En droit canadien, le problème est similaire, la précision des critères de la clause Paix, Ordre et Bon Gouvernement et de la clause de commerce, si utile qu’elle soit, ne permet pas d’éviter tout conflit de loi. L’étude de la jurisprudence de la Cour de Justice montre ses réticences à procéder à un contrôle allant au-delà de la recherche d’une motivation formelle de la nécessité de l’intervention européenne. Pourtant, la comparaison de la capacité à agir des différents niveaux de gouvernements, capacité à agir évoluant dans le temps, ne peut se faire sans référence au contexte d’application de la norme. La Cour de Justice pourrait comme la Cour Suprême du Canada, expliciter dans ses décisions son appréciation de la capacité à agir de chaque niveau de gouvernement. La subsidiarité éclaire sous un jour nouveau la clause de commerce ou la doctrine de l’intérêt national, jusqu’alors parfois perçues comme permettant un développement constant et unilatéral des compétences fédérales au détriment de celles des provinces. L’efficacité du contrôle du principe de subsidiarité ne dépend pas seulement de la Cour qui le met en œuvre mais peut aussi dépendre des institutions politiques l’ayant saisi, de l’argumentation des requérants en particuliers.

Encadrement provincial des valeurs mobilières : à la recherche d’un modèle amélioré

Mise en garde : Ce mémoire a été réalisé grâce au soutien financier du Fonds d’éducation et de saine gouvernance de l'Autorité des marchés financiers. Les informations, opinions et avis exprimés n'engagent que la responsabilité de Marie-Annick Laurendeau.

Interview with Professor Mark Brodin about his book "William P. Homans Jr.: A Life In Court"

Boston lawyer William P. Homans Jr. devoted his fifty-year career to the defense of the poor and downtrodden, the protection of our most basic civil liberties, and the abolition of the death penalty. Descendant of two of Boston's oldest and most prominent families, and combat veteran of both the British and American Navies during World War II, Homans became unlikely guru to the 1960s generation of radical lawyers and antiwar activists. He was on the defense team in the 1968 conspiracy trial of Dr. Benjamin Spock and four other leading opponents of the Vietnam War accused of aiding and abetting resistance to the military draft, and represented Dr. Kenneth Edelin in the 1975 manslaughter prosecution arising out of a lawful abortion performed after Roe v. Wade. The narrative contrasts Bill Homans' storied legal career with a troubled personal life in a balanced but unvarnished manner, testifying to the strength of the human spirit when committed to the pursuit of the common good. About the author: Mark S. Brodin is Professor of Law at Boston College Law School and the author of numerous books and law journal articles in the areas of civil and criminal procedure, evidence, litigation, and employment discrimination. A graduate of Columbia College (1969) and Columbia Law School (1972), he served as law clerk to United States District Judge Joseph L. Tauro and staff attorney with the Lawyers' Committee for Civil Rights in Boston. He has also practiced for brief periods as a public defender in Boston and a prosecutor in Norfolk County.

Inherent Powers of the High Court under Section 482 of the Code of Criminal Procedure 1973

This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice

Dismissal in industrial employment

This is a study in labour law.. Dismissal of workmen in private lndustrial sector is the area of this study. Confined within the framework of the Industrial Disputes act 1947, the study is an analytical assessment of the decisions of the supreme Court of India. on dismissal in industrial employment. Few attempts were made in the past to analyse on identical lines the problems in this area. Hence what is| written in this thesis is ones own. Dismissal carries a stigma. the dismissed employee may find it difficult to get alternative employment especially in a land of severe unemployment. The need for law with built in safeguards against arbitrary dismissal cannot be overemphasized. From this perspective the study examines to what extent the industrial disputes act 1947 provides protection and how far the protection is adequate.

Economics of Justice in Kerala

The focus of the present study is on issues related to Legal—Economics. The economic approach to legal issues is based on the belief held by both legal professionals and economists that law and economics are complementary disciplines and that collaboration is highly beneficial.The principles of economic analysis can help our understanding of the law. Economic approach has important effects on the costs and benefits that prospective litigants may expect from litigation and their decisions to litigate or to settle out of court. Economic consideration is also helpful to understand I 1 the significance of litigation costs, the practical problems of legal administration and the provision of legal servicesz. The economic approach to law is mainly based on the belief held by some economists that the core of economics, the theory of choice is in principle- applicable to all human and institutional behaviour.

Determinants of Consumer Purchase Decisions of Health Insurance in Kerala

This research work was to study the level of awareness of consumers about health insurance concept and market, consumer perceptions about health insurance providers, schemes and various factors that influence buying decision of health insurance. There is need to bring entire age group – high risk and low risk under health insurance cover. Widening the cover of health insurance calls for indepth understanding of consumer thinking and extensive marketing efforts based on that. Hence the study of consumer perceptions and the impact of different contributing factors on consumer purchase decision assume significance to the marketer. Understanding the consumer thinking on health insurance will also be of relevance to governmental/non governmental agencies, as affordable health care to all is a policy objective of the government and new schemes are being launched in this area.

‘Driving Forces of Investment Decisions in Mutual Funds’

Unfortunately, in India it is a fact that most of the investors are not interested in mutual funds. Those who are investing, they are investing only very small amounts. But what is important to be noted here is that when compared to other financial instruments, investments in mutual funds are safer and also yields more returns on the investment portfolio. Moreover as an investment avenue mutual fund is available for those investors who are not willing to take any exposure directly in the security market. It also helps such investors to build their wealth over a period of time. At the retail level, investors are unique and are highly heterogeneous, and the mutual fund schemes' selection will also differ depends on their expectations. Hence, investors’ expectation is a very important factor in this regard that needs to be analysed by all the investment houses. Hence, the factors that drive the investment decisions of individual investors to meet their expectations by investing money in mutual funds need an in-depth analysis. These driving forces include the preference of investors on mutual fund compared to various available avenues of financial investments, risk attitude of investors, influence of characteristics of instruments of mutual funds on investors, the investment specific attitudes of investors, and influence of qualities of fund management on investors. The success of any mutual fund, a popular means of investment, depends on how effectively an Asset Management Company has been able to understand the level of influence of these factors on the decision of investors to invest in mutual funds. For a substantial growth in the mutual fund market, there must be a high level precision in the design and marketing of the products of mutual funds taking into account these driving forces by the Asset Management Companies. Therefore, there is a need to conduct a detailed study on investments in mutual funds in this direction. A review of available literature also revealed that no detailed study on mutual funds has so far been attempted in this direction; hence the present study on Driving Forces of Investment Decisions in Mutual Funds is undertaken.

Factors affecting farmers’ decisions on utilization of rice straw compost in Northeastern Thailand

Rice straw is used in Northeastern Thailand as an alternative to organic fertilizer for crop production. This enables farmers to reduce the use of chemical fertilizers which leads to a decrease in production costs. In spite of the beneficial effects in agricultural production, rice straw compost cannot be produced in large amounts because the burning of rice straws is a common farming practice. The decisions of farmers who use rice straw compost have been investigated by interviewing 120 households belonging to the members of an organic fertilizer user group using a household questionnaire. The study was conducted to evaluate the factors that affect the use of rice straw compost in Khon Kaen Province in Northeastern Thailand. Results of the logit model showed that the farmers’ education, number of rice straw compost trainings in which the farmer participated, lack of knowledge about technology, insufficient labour and difficulty in making rice straw compost had a significant impact on the farmer’s decision to use rice straw compost. Difficulty in making rice straw compost appeared to be the root cause because the procedure of making rice straw compost is complex and labour intensive. Repeated trainings thus, will have a positive and significant influence on farmers’ adoption of the technology. Training provides more knowledge and will presumably change the perception of the farmers towards new technologies and the awareness of positive effects of rice straw compost utilization.

An analysis of household farm investment decisions under varying land tenure arrangements in Ghana

Land tenure insecurity is widely perceived as a disincentive for long-term land improvement investment hence the objective of this paper is to evaluate how tenure (in)security associated with different land use arrangements in Ghana influenced households’ plot level investment decisions and choices. The paper uses data from the Farmer-Based Organisations (FBO) survey. The FBO survey collected information from 2,928 households across three ecological zones of Ghana using multistaged cluster sampling. Probit and Tobit models tested the effects of land tenancy and ownership arrangements on households’ investment behaviour while controlling other factors. It was found that marginal farm size was inversely related to tenure insecurity while tenure insecurity correlate positively with value of farm land and not farm size. Individual ownership and documentation of land significantly reduced the probability of households losing uncultivated lands. Individual land ownership increased both the probability of investing and level of investments made in land improvement and irrigation probably due to increasing importance households place on land ownership. Two possible explanations for this finding are: First, that land markets and land relations have changed significantly over the last two decades with increasing money transaction and fixed agreements propelled by population growth and increasing value of land. Secondly, inclusion of irrigation investment as a long term investment in land raises the value of household investment and the time period required to reap the returns on the investments. Households take land ownership and duration of tenancy into consideration if the resource implications of land investments are relatively huge and the time dimension for harvesting returns to investments is relatively long.

The Benefits of Re-Evaluating Real-Time Fulfillment Decisions

At the time of a customer order, the e-tailer assigns the order to one or more of its order fulfillment centers, and/or to drop shippers, so as to minimize procurement and transportation costs, based on the available current information. However this assignment is necessarily myopic as it cannot account for all future events, such as subsequent customer orders or inventory replenishments. We examine the potential benefits from periodically re-evaluating these real-time order-assignment decisions. We construct near-optimal heuristics for the re-assignment for a large set of customer orders with the objective to minimize the total number of shipments. We investigate how best to implement these heuristics for a rolling horizon, and discuss the effect of demand correlation, customer order size, and the number of customer orders on the nature of the heuristics. Finally, we present potential saving opportunities by testing the heuristics on sets of order data from a major e-tailer.

Planning and Scheduling Decisions in Supply Chains with Multiple Supply Modes: An Integrated Approach

We address the problem of jointly determining shipment planning and scheduling decisions with the presence of multiple shipment modes. We consider long lead time, less expensive sea shipment mode, and short lead time but expensive air shipment modes. Existing research on multiple shipment modes largely address the short term scheduling decisions only. Motivated by an industrial problem where planning decisions are independent of the scheduling decisions, we investigate the benefits of integrating the two sets of decisions. We develop sequence of mathematical models to address the planning and scheduling decisions. Preliminary computational results indicate improved performance of the integrated approach over some of the existing policies used in real-life situations.