Constitutional law
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Rules Matter
Why the rules of government formation are the way they are, and why they matter Continue reading
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Deferring to Discriminators
The US Supreme Court explains why courts should not defer to officials when it comes to rights issues Continue reading
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Creative, Not Compelled
Noteworthy comments on compelled speech by Gorsuch J Continue reading
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Values, Harm, and Free Expression
Reviewing and discussing Camden Hutchison’s great article on the SCC’s freedom of expression jurisprudence Continue reading
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Constitutional Veggie Burgers
My lecture on the Alberta Sovereignty Act and the Saskatchewan First Bill Continue reading
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The Made-Up Law Made Them Do It
The Supreme Court’s made-up right to vote doctrine works its mischief at the Ontario Court of Appeal Continue reading
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A Defense of Doctrine
Sometime ago, I was doing a presentation on the recent doctrine in a particularly contentious area of law at a Canadian law school. The presentation was designed to show how developments in the doctrine were inconsistent with fundamental principles underlying the doctrine, and that the doctrine should therefore be adjusted. I’m remaining at a high… Continue reading
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Consequences
Are demands that speech not be punished just a childish attempt to escape consequences? Continue reading
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Why Couldn’t They?
Quebec probably can abolish the requirement that Members of the National Assembly swear allegiance to the King Continue reading
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If It’s Broke, You’re Not the One to Fix It
The Québec Court of Appeal takes it upon itself to update obsolete election legislation. That’s not its job. Continue reading
Double Aspect 