7,455 research outputs found

    The Constitutional Law of Equality in Canada

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    On April 17, 1982, Canada repatriated its constitution from the Parliament at Westminster, sweeping away one of the final vestiges of its colonial past. At the same time, a Canadian Charter of Rights and Freedoms was constitutionally entrenched, giving the people express constitutional rights for the first time. The equality provisions, in particular, represented a new era in Canadian constitutional law. The intense debate leading up to the entrenchment of the Charter raised profound questions about the basic nature of the country, its values, and its ability and willingness to acknowledge equality for women and other disadvantaged groups. Since the entrenchment of the Charter in 1982, equality seekers have continued to play a significant role. They have used litigation and other strategies in order to clarify and develop approaches to constitutional theory and interpretation so that the Charter\u27s promise of equality will be realized. From the outset, they recognized that entrenched comprehensive equality rights would not bring about legal equality on their own; in order for people to become true equal bearers of rights under the Charter, the content of established rights and concepts would have to be challenged, and the legal norms of existing societal and institutional structures premised on inequality would have to be changed. It is the Author\u27s view that the Supreme Court of Canada, to quite a remarkable degree, has recognized the egalitarian challenge the Charter presents. In the past few years, the Court has launched a promising new era for equality jurisprudence quite unique in the world. The equality theory developed by the Court goes far beyond that which underlies the constitutional law of other western societies, including Europe and the United States. The Court has fashioned principles that give disadvantaged groups a better chance than ever before to alleviate the inequities they experience in laws, policies, and the practices of governments and government officials. This is because, instead of using abstract, formal rules to analyze equality and discrimination, the Canadian Supreme Court applies a purposive, contextual approach to constitutionally entrenched equality guarantees, which in turn defines the scope and purpose of these guarantees in terms of individuals and groups persistently disadvantaged by the legal system. To fully understand the Canadian approach to Charter equality guarantees, the history of equality and discrimination law must be examined. To a large extent, the Supreme Court\u27s interpretation of constitutional equality guarantees in the Charter has been informed and influenced by the lessons and themes which have emerged from the common law, human rights legislation, and earlier attempts at constitutional reform. In this Article, I discuss the development of legal equality in Canada, including pre-Charter recognition of the concepts of equality, inequality, and discrimination, as well as post-Charter interpretations of constitutional equality guarantees. I also discuss the effects of the Supreme Court\u27s constitutional-equality jurisprudence beyond constitutional law—effects which may ultimately hold the greatest promise for the achievement of social equality in Canada

    Texas A&M University School of Law’s Distinguished Practitioner Speaker Series

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    Maureen E. Mahoney is the founder and a member of the Supreme Court and appellate practice at the international law firm of Latham & Watkins. Among her numerous achievements, Ms. Mahoney represented the University of Michigan before the Supreme Court and won the landmark case upholding the constitutionality of admissions programs that consider race as one of many factors in order to attain the educational benefits of a diverse student body. She also successfully argued on behalf of Arthur Andersen in a Supreme Court challenge to the firm’s criminal conviction. Additionally, she has consistently been recognized as one of the top lawyers in Washington D.C. The Texas A&M Law Review is incredibly grateful to Ms. Mahoney for allowing it to publish her comments from the law school’s Inaugural Distinguished Practitioners Speaker Series in spring 2013

    Inversion of stellar statistics equation for the Galactic Bulge

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    A method based on Lucy (1974, AJ 79, 745) iterative algorithm is developed to invert the equation of stellar statistics for the Galactic bulge and is then applied to the K-band star counts from the Two-Micron Galactic Survey in a number of off-plane regions (10 deg.>|b|>2 deg., |l|<15 deg.). The top end of the K-band luminosity function is derived and the morphology of the stellar density function is fitted to triaxial ellipsoids, assuming a non-variable luminosity function within the bulge. The results, which have already been outlined by Lopez-Corredoira et al.(1997, MNRAS 292, L15), are shown in this paper with a full explanation of the steps of the inversion: the luminosity function shows a sharp decrease brighter than M_K=-8.0 mag when compared with the disc population; the bulge fits triaxial ellipsoids with the major axis in the Galactic plane at an angle with the line of sight to the Galactic centre of 12 deg. in the first quadrant; the axial ratios are 1:0.54:0.33, and the distance of the Sun from the centre of the triaxial ellipsoid is 7860 pc. The major-minor axial ratio of the ellipsoids is found not to be constant. However, the interpretation of this is controversial. An eccentricity of the true density-ellipsoid gradient and a population gradient are two possible explanations. The best fit for the stellar density, for 1300 pc<t<3000 pc, are calculated for both cases, assuming an ellipsoidal distribution with constant axial ratios, and when K_z is allowed to vary. From these, the total number of bulge stars is ~ 3 10^{10} or ~ 4 10^{10}, respectively.Comment: 19 pages, 23 figures, accepted in MNRA

    A pilot study examining garment severance damage caused by a trained sharp-weapon user

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    The pilot study summarized in this paper aimed to raise awareness of a gap that exists in the forensic textile science literature about damage caused to clothing by trained sharp-weapon users. A male trained in the Filipino martial arts discipline of Eskrima performed attack techniques on a physical model of a male torso covered with a 97% cotton/3% elastane knitted T-shirt, that is, a garment commonly worn by males. Fabric severance appearance created by three different, but commonly available, knives was evaluated. High-speed video was used to capture each attack. After each attack the resulting damage to the garment was assessed. This pilot study highlighted differences in severances associated with weapon selection, that is, not all knives resulted in similar patterns of textile damage. In addition, a mixture of stab and slash severances were observed. The findings demonstrated the possible misinterpretation of textile damage under these circumstances compared to damage patterns reported in the existing forensic textile science literature for more commonly occurring knife attacks (i.e. stabbings)

    Beluga, Delphinapterus leucas, Habitat Associations in Cook Inlet, Alaska

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    A review of available information describing habitat associations for belugas, Delphinapterus leucas, in Cook Inlet was undertaken to complement population assessment surveys from 1993-2000. Available data for physical, biological, and anthropogenic factors in Cook Inlet are summarized followed by a provisional description of seasonal habitat associations. To summarize habitat preferences, the beluga summer distribution pattern was used to partition Cook Inlet into three regions. In general, belugas congregate in shallow, relatively warm, low-salinity water near major river outflows in upper Cook Inlet during summer (defined as their primary habitat), where prey availability is comparatively high and predator occurrence relatively low. In winter, belugas are seen in the central inlet, but sightings are fewer in number, and whales more dispersed compared to summer. Belugas are associated with a range of ice conditions in winter, from ice-free to 60% ice-covered water. Natural catastrophic events, such as fires, earthquakes, and volcanic eruptions, have had no reported effect on beluga habitat, although such events likely affect water quality and, potentially, prey availability. Similarly, although sewage effluent and discharges from industrial and military activities along Cook Inlet negatively affect water quality, analyses of organochlorines and heavy metal burdens indicate that Cook Inlet belugas are not assimilating contaminant loads greater than any other Alaska beluga stocks. Offshore oil and gas activities and vessel traffic are high in the central inlet compared with other Alaska waters, although belugas in Cook Inlet seem habituated to these anthropogenic factors. Anthropogenic factors that have the highest potential negative impacts on belugas include subsistence hunts (not discussed in this report), noise from transportation and offshore oil and gas extraction (ship transits and aircraft overflights), and water quality degradation (from urban runoff and sewage treatment facilities). Although significant impacts from anthropogenic factors other than hunting are not yet apparent, assessment of potential impacts from human activities, especially those that may effect prey availability, are needed

    Beluga, Delphinapterus leucas, Distribution and Survey Effort in the Gulf of Alaska

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    Beluga, Delphinapterus leucas, distribution in the Gulf of Alaska and adjacent inside waters was examined through a review of surveys conducted as far back as 1936. Although beluga sightings have occurred on almost every marine mammal survey in northern Cook Inlet (over 20 surveys reported here), beluga sightings have been rare outside the inlet in the Gulf of Alaska. More than 150,000 km of dedicated survey effort in the Gulf of Alaska resulted in sightings of over 23,000 individual cetaceans, of which only 4 beluga sightings (5 individuals) occurred. In addition, nearly 100,000 individual cetaceans were reported in the Platforms of Opportunity database; yet, of these, only 5 sightings (39 individuals) were belugas. Furthermore, approximately 19 beluga sightings (>260 individuals), possibly including resightings, have been reported without information on effort or other cetacean sightings. Of the 28 sightings of belugas outside of Cook Inlet, 9 were near Kodiak Island, 10 were in or near Prince William Sound, 8 were in Yakutat Bay, and 1 anomalous sighting was well south of the Gulf. These sightings support archaeological and commercial harvest evidence indicating the only persistent group of belugas in the Gulf of Alaska occurs in Cook Inlet
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