expertise
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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 Continue reading
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Offspring of Depravity
The origins of the administrative state, and why they matter Continue reading
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A Small Win on Admin Law Expertise
I’ve written before how the Supreme Court’s approach to expertise is wrongheaded in a number of ways. Practically, by saying that expertise “inheres in a tribunal as an institution,” (Edmonton East, at para 33), the Court has simply asserted a fact that is unlikely to be empirically true across the mass of varied decision-makers. Rather, Continue reading
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The Limits of Legal Expertise
What kind of experts are legal experts ― and is their authority in danger? Continue reading
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Is Deference Possible Here?
The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review Continue reading
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The Dark Art of Deference
Dubious assumptions of expertise on home statute interpretation Continue reading
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Law in La-La-Land
The post-truth jurisprudence of Canadian administrative law Last month, the Supreme Court issued a decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, which deals with the evergreen issue of determining the standard on which a court must review the decision of an administrative tribunal. I wasn’t able to comment on this case at Continue reading
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What the Judge Googled for Breakfast
A recent decision of an American appellate court provides a vivid illustration of the complexity of the issues surrounding the courts’ treatment of scientific information that I have been blogging about here. The case is a prisoner’s suit against the medical staff at his prison, alleging that their refusal to let him take medication against reflux oesophagitis prior to Continue reading
Double Aspect 