Nouvelles de la Faculté

November 2018

À la uneBrian Peebles and Andra Syvänen

In the News

[VIDEO] Exceptional America: What Divides Americans From the World and From Each Other?Mugambi Jouet speaking at UPenn

Mugambi Jouet, University of Pennsylvania, 24 October 2018

At the 2018 Levin Family Dean’s Forum at the University of Pennsylvania School of Arts and Sciences, Boulton Fellow Mugambi Jouet gave a lecture on his thought-provoking book, Exceptional America: What Divides Americans From the World and From Each Other. This work connects social changes and increasing polarization to American exceptionalism—the idea that American society is an exception compared to other nations due to its history, politics, law, religious beliefs, economic attitudes, and race relations.
Watch the lecture

Remedying UN Abuses by Forcing the Host State’s Hand: Current Case Calls for the Haitian Government to Trigger a Standing Claims Commission

Frédéric Mégret, Opinio Juris, 24 October 2018

“On the 26th September, a group of diligent Haitian lawyers headed by human rights defender Patrice Florvilus requested an emergency injunction (“en référé”) before the Tribunal de Première Instance de Port-au-Prince against the State of Haiti, that would compel it to trigger the creation of the standing claims commission […]. The goal of triggering such a commission is indirectly to force the United Nations to finally own up to its responsibilities following the cholera epidemic caused by peacekeepers in 2010, and which has caused more than 10, 000 casualties. As attempts to challenge the UN’s immunities before domestic courts have faltered, this is a remarkable attempt to deal with the accountability fallout of that crisis through a type of mechanism whose principle has always been anticipated in SOFAs but has, extraordinarily, to this date never been set up, much to the prejudice of victims of UN failures and abuses.”
Keep reading…

How the new Supreme Court will affect our privacy rights

Ignacio Cofone, Venture Beat, 20 October 2018

“2018 has been a crucial year for information privacy. From the Facebook scandal to the opening of the door for re-thinking the Fourth Amendment, privacy rights in the United States are on the brink of change. The Supreme Court plays a key role in shaping this process. And with two new conservative justices appointed by Donald Trump, many fear the Supreme Court will work to narrow the scope of civil rights. But, when it comes to information privacy, they may be wrong.”
Keep reading…

What young people can learn from the Kavanaugh hearings

Shauna van Praagh, The Conversation, 10 October 2018

“Because a major factor in Kavanaugh’s hearings was whether he sexually assaulted Christine Blasey Ford when they were teenagers, it’s a good time to engage in complex discussions with youth about law and responsibility. Teens should challenge any suggestion that abusive behaviour (whether engaging in it or being subject to it) is to be expected at their age. They should be questioning the message that adolescents can’t, or won’t, be held responsible for the consequences of what they do and what they say,” explains Professor Shauna Van Praagh.
Keep reading…

[PODCAST] Will the New NAFTA Deliver?

Andrea Bjorklund, Knowledge@Wharton, 9 October 2018

One significant change that could impact investor appetites relates to their ability to contest government actions, according to Professor Andrea Bjorklund, holder of the L. Yves Fortier Chair in International Arbitration and International Commercial Law at the Faculty. She formerly worked on the U.S. State Department’s NAFTA arbitration team in the Office of the Legal Adviser. “Investor-state dispute settlement under the Chapter 11 of NAFTA would be eliminated in the new agreement,” she noted, although there would be a three-year legacy period to take care of pending claims.
Listen to the podcast…

A legal analysis of the CAQ’s plan to ban religious symbols

CBC news, 7 October 2018

Interviewed by CBC News, Professor Evan Fox-Decent analyzes the Coalition Avenir Québec’s plan to ban civil servants from wearing religious symbols in the workplace and weighs in on its legal implications.
Watch the interview…

New IP strategy will make Canadian firms even more competitive

David Lametti, The Hill Times, 1 October 2018

‘For businesses, an IP plan—choosing some mix of patent, trademark, copyright or confidential information, or even opting for non-protection in an open science model—is a conscious strategy to maximize its economic potential given its unique characteristics,’ MP and Professor of Law David Lametti writes in The Hill Times.
Keep reading…

Where Canada Stands as Britain Leaves the EU

Armand de Mestral, Canadian Lawyer, 24 September 2018

“The United Kingdom government is committed to leaving the European Union on March 29, 2019 — a date that is fast approaching. The preferred scenario is for March 29 to be the formal date of departure, but to facilitate departure with a 19-month phase-in period, so the UK can clarify its relationships with third countries such as Canada. So, what does that mean for us?” asks Professor Armand de Mestral.
Keep reading…

Canada has recognized the Rohingya genocide. Now what should come next?

Irwin Cotler, Maclean’s, 21 September 2018

“What we solemnly swore would occur “never again,” has happened yet again. And on Wednesday, Canada formally recognized the nature of it: Genocide, in Myanmar,” Professor Emeritus Irwin Cotler writes in Maclean’s. “What is so unspeakable is not only the horror of the genocide itself, but that this genocide was preventable. No one can say that we did not know; we knew, but we did not act.”
Keep reading…


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