Facilitating Intergovernmental Dialogue: Judicial Review of the Division of Powers in the Supreme Court of Canada

This article provides a novel account of the the ory of judicial review that is evident in the Supreme Court of Canada’s recent division of powers decisions (2000-2009). Under this the ory, the Supreme Court encourages the political branches to take the lead in defining the division of powers, by working out a mutually acceptable allocation of jurisdiction in each regulatory area. The Supreme Court limits itself primarily to facilitating intergovernmental dialogue about the division of powers, and managing the conflicts that result where the political branches fail to agree. The Supreme Court does not completely refuse to play a role in articulating the limits of federal-provincial power, but it openly encourages the political branches to take the lead, indicating that it will intervene only where one order of government dramatically upsets the balance of power

Of Banks, Federalism and Clear Statements: Comment on Bank of Montreal v. Marcotte

Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid the application or operation of a provincial consumer protection law. It argues that the weaknesses evident in the Court’s analysis in the decision could be addressed, or at least mitigated, by a federalism-based clear statement rule

A History of the Arkansas State Music Teachers\u27 Association

This study records a documented history of the Arkansas State Music Teachers Association from its inception in 1915 to the present. It also presents significant areas in which the Association has contributed to music throughout the state. Major sources of data were letters of communication, convention programs, the Arkansas Music Teacher publication, memorandums in mimeographed form and personal interviews with past . officers of the Association. This study has been organized into a chronological sequence of events which took place in the development of the Association, the program of annual conventions, significant contributions of the Association and a general summary of the work. This study has revealed that the Association has aided in advancing the cause of music in Arkansas through certification and accreditation, through student contests and festivals, through student chapters and through the promotion of the concept that music should be provided for every child in every school in Arkansas

Of Banks, Federalism and Clear Statement Rules: Bank of Montreal v. Marcotte

Federalism-based clear statement rules require governments to use clear statutory language when they pursue initiatives with certain implications for the division of powers. This article makes the case for altering the analytical approach in relation to two of the key federalism doctrines (the doctrine of interjurisdictional immunity and the doctrine of federal paramountcy) by adopting a federalism-based clear statement rule. It makes this case in the context of a discussion of the Supreme Court of Canada’s decision in Bank of Montreal v. Marcotte (2014), an important federalism case that rejected the arguments of several banks invoking both doctrines to avoid the application or operation of a provincial consumer protection law. It argues that the weaknesses evident in the Court’s analysis in the decision could be addressed, or at least mitigated, by a federalism-based clear statement rule

Beyond Umpire and Arbiter: Courts as Facilitators of Intergovernmental Dialogue in Division of Powers Cases in Canada

The courts in Canada have often been cast, by both courts and legal scholars, as 'umpires' or 'arbiters' of the federal-provincial division of powers - umpires or arbiters that have the exclusive, or at least decisive, authority to clarify and enforce, and resolve disputes about, 'who does what' in the federal system. However, the image conveyed by these metaphors underestimates the role that the federal and provincial political branches play in the federal system, by working out their own solutions, in the intergovernmental arena, both directly and indirectly, where questions and disputes arise about how jurisdiction is and should be allocated. The image conveyed by the umpire or arbiter metaphors also sits uncomfortably with the facilitative role that the Supreme Court of Canada has carved out for itself in its recent division of powers decisions, a role that casts the courts as facilitators of these instances of intergovernmental dialogue. This doctoral dissertation challenges, and moves beyond, the umpire and arbiter metaphors. It examines the political safeguards available to the provinces in Canada to prevent, or limit, perceived federal encroachments on provincial jurisdiction, in the process highlighting the role that the political branches play in Canada in working out their own allocations of jurisdiction, outside of the courts. It describes, and critically evaluates, the facilitative role carved out by the Court in its recent division of powers decisions, identifying various reasons to be skeptical of a facilitative role that casts the courts as facilitators of intergovernmental dialogue. Finally, and with an eye to future research, it briefly outlines an alternative facilitative role that focuses on facilitating deliberation about the division of powers implications of particular initiatives, arguing that it would be premature to dismiss facilitative approaches to judicial review altogether

Convergent Set-Based Design in Integrated Analysis of Alternatives: Designing Engineered Resilient Systems

This thesis presents a comprehensive package for understanding and expanding set-based design quantification through the definition and demonstration of Convergent set-based design (SBD). Convergent SBD is a technique developed for the Engineered Resilient Systems program sponsored by the Department of Defense. Convergent SBD contributes a repeatable methodology with the goal of mathematically eliminating inefficient sets. The study of Convergent SBD led to the development of dominance identification criteria equations using comparison of statistical means. The demonstration of Convergent SBD also illustrates the effect of mission resilience in the tradespace and the impact mission resilience has on preference. Finally, Convergent SBD contributes to mathematical identification of the previously heuristic based set drivers and set modifiers and discusses additional decision analyst uses for this information. Presented as a complete thesis, Convergent SBD provides a foundational mathematical technique for eliminating sets and a method for converging to an efficient, affordable solution or group of solutions

Charter Dialogue Revisited – Or Much Ado About Metaphors

This article is a sequel to the 1997 article “The Charter Dialogue Between Courts and Legislatures (Or Perhaps The Charier of Rights Isn\u27t Such A Bad Thing After All).” In the present article, the authors review various academic critiques of their “dialogue” theory, which postulates that Charter decisions striking down laws arc not the last word, but rather the beginning of a “dialogue,” because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada\u27s dicta on the “dialogue” phenomenon, and update the data on which their 1997 article was based. They conclude that the dialogue phenomenon is alive and well and that the critique of the original article is largely “much ado about metaphors