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Doré Revisited: A Response to Professor Daly
Over on Administrative Law Matters, Professor Paul Daly argues that Doré actually “emerges strengthened” from Vavilov. Professor Daly’s post responds to my own paper (The Conceptual Gap Between Doré and Vavilov) and post, where I argue the opposite. In this post, I would like to respond critically to Professor Daly’s interesting and provocative arguments. I…
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Through Which Glass, Darkly?
Introducing a new article on the Rule of Law in two decisions of the supreme courts of Canada and the United Kingdom
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Against Administrative Supremacy
A response to the “Guest Posts from the West Coast” Series
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New Paper on Doré and Vavilov
Frequent readers of this blog will know that I have written here on the subject of the propriety of Doré post-Vavilov. As many of you know, I do not believe that Doré can stand in light of Vavilov. I have now outlined more extensively why that is is, in a paper that will appear in…
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Expertise in Pandemic Life
With the COVID-19 pandemic in full swing, many (for example, Phil Lagasse) have written about the role of experts in public life. The controversy seems to centre around a few points of contention: (1) the degree to which quintessentially political decisions should depend on expert guidance (2) the degree to which the public can…
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One Does Not Simply
Ensuring access to justice isn’t simply a matter of the legal profession’s being more open to “experiments”
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How Much Justice Can You Afford?
The trade-offs involved in designing fair administrative procedures
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Inter vira enim loquuntur leges
The pandemic and delegation of power to the executive
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Ministers of Truth
A proposal to criminalize epidemic-related “misinformation” is dangerous
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The Life and Times of Patent Unreasonableness
Post-Vavilov, can a legislature freely specify the standard of review? The answer seems obvious. Legislation overrides the common law, so as the Vavilov majority states, “…where the legislature has indicated the applicable standard of review, courts are bound to respect that designation, within the limits imposed by the rule of law” (Vavilov, at para 35).…
Double Aspect 