“Location Matters: How Nuisance Governs Access to Property for Free Expression”

This paper examines the relationship between the right to free expression and property in Canada. I argue that Canadian courts use the logic of nuisance to govern rights of access to and use of property for the purposes of free expression. By ‘logic of nuisance’ I mean that courts are more willing to uphold free expression when it is quiet, unobtrusive, and does not interfere with the primary function of the property on which it takes place Two recent lower court cases, Batty v City of Toronto and R v Whatcott are, I argue, paradigmatic of the Canadian jurisprudence on free expression and access to property. Reading these cases together highlights, with particular clarity, the often implicit judicial references to nuisance. I argue that this ‘logic of nuisance’ is much too restrictive and call for a jurisprudence which defers to the right of free expression rather than to property

"Common Law Property Theory and Jurisprudence in Canada"

In recent years, property theorists have offered varying accounts as to what exactly ownership is, typically focusing on one or more key rights to the owned thing. However, most of these theories are articulated in the abstract and do not engage the jurisprudence. This article uses the jurisprudence concerning expropriation and adverse possession to show that Canadian courts have in fact developed their own definition of ownership—one that is not reflected in the property theory discourse. The author goes on to argue that this narrower definition of ownership—made up by the rights to exclude and to primary use—is preferable to those offered by the property theorists, as it better balances the competing interests of owners, non-owners and the state

Of Malls and Campuses: The Regulation of University Campuses and Section 2(b) of the Charter

There have been a number of recent cases from across Canada about whether the Charter applies to public universities. Courts in Alberta have suggested that the Charter will apply to public universities while courts in British Columbia and Ontario have refused to apply the Charter to such cases. In this article I focus on the cases that also involve a claim to use university space, that is, those cases where there is an argument that by failing to allow an event on campus the university has violated the free expression guarantee in the Charter. If the Charter does apply, and I argue that it does, this matters for how we conceive of university property. It is too simplistic to hold that university property is private and, as such, section 2(b) should grant a right of access to some instances of university property under certain circumstances

Recent Developments in Montana Law

Recent Developments in Montana La

The NASA-Ames Research Center stratospheric aerosol model. 2. Sensitivity studies and comparison with observatories

Sensitivity tests were performed on a one-dimensional, physical-chemical model of the unperturbed stratospheric aerosols, and model calculations were compared with observations. The tests and comparisons suggest that coagulation controls the particle number mixing ratio, although the number of condensation nuclei at the tropopause and the diffusion coefficient at high altitudes are also important. The sulfur gas source strength and the aerosol residence time are much more important than the supply of condensation nuclei in establishing mass and large particle concentrations. The particle size is also controlled mainly by gas supply and residence time. In situ observations of the aerosols and laboratory measurements of aerosols, parameters that can provide further information about the physics and chemistry of the stratosphere and the aerosols found there are provided

The NASA-AMES Research Center Stratospheric Aerosol Model. 1. Physical Processes and Computational Analogs

A time-dependent one-dimensional model of the stratospheric sulfate aerosol layer is presented. In constructing the model, a wide range of basic physical and chemical processes are incorporated in order to avoid predetermining or biasing the model predictions. The simulation, which extends from the surface to an altitude of 58 km, includes the troposphere as a source of gases and condensation nuclei and as a sink for aerosol droplets. The size distribution of aerosol particles is resolved into 25 categories with particle radii increasing geometrically from 0.01 to 2.56 microns such that particle volume doubles between categories