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What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles…
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Common Factionalism
The political rhetoric of the common good is poorly disguised factionalism, which the thinkers in whose name it is being advanced would have abhorred
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On Law and Music
What is the relationship, if any, between law and music? As a musician myself, I notice many commonalities between law and music. As a jazz musician, improvisation is what I spend a lot of time thinking about. To improvise over a tune, it helps to know the notes in the tune, the chords underneath it,…
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Right Is Wrong
What an ordinary case can tell us about the problems of Canadian administrative law
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Tanstaafl
What do a libertarian society and its laws look like? Thoughts on Robert Heinlein’s The Moon Is a Harsh Mistress
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The Supreme Court―What Is It Good for?
The Supreme Court is deciding fewer cases; is this a sign of modesty, or boldness?
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Does This Kat(z) Have Nine Lives?
In Katz, the Supreme Court set out the approach to judicial review of regulations. The Katz approach is (or, maybe, was) a carve-out from the general law of judicial review. As Professor Daly notes, it grants a “hyperdeferential” margin of appreciation to those that promulgate regulations. The Katz approach, based on previous cases, simply asked…
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The Supreme Court’s Leaves (Or Lack Thereof)
The Supreme Court has gone yet another week without granting leave to any cases. I am not an empiricist, and this is not something I’ve been tracking, but I gather that the Supreme Court has granted leave to less cases over time in general (not to suggest that this week is particularly representative of anything).…
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The Disuse of Knowledge in the Administrative State
Regulation is not the right tool for intelligently dealing with complexity
Double Aspect 