TruMix.com : Podcasts : Life of a Law Student: All Feeds Podcast

Alternative

Add your Podcast

Trumix.com : Podcast : Education : Education

Life of a Law Student: All Feeds

Network:
Language: English
Category: Education / Education
Visit Website

The Life of a Law Student podcasts chronicle the material presented to and learned by Neil Wehneman, a student at the University of Cincinnati's College of Law. Feeds are segmented by course.

Add to Playlist

View RSS |

View in iTunes

Canadian Constitutional Law #23: Approaches to Charter Interpretation

Well, it’s February and we made it to the Charter (if I only I could make it to spring break…) In this podcast we’ll talk about the advent of the Charter and some approaches the court has developed for its interpretation. Interpreting a constitutional document is different from regular statute interpretation, so Dickson [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 10 Feb 2007 19:13:11 +0000 ]

Canadian Constitutional Law #22: Implied (and Real) Bill of Rights

In this podcast we first look at the implied bill of rights, a concept drawn from a series of cases that seem to hint at the idea that there is a sphere of fundamental freedoms needed for a democracy which is beyond the reach of the provincial (and perhaps also the federal) government. Then [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 10 Feb 2007 19:12:46 +0000 ]

Canadian Constitutional Law #21:Racism in the Law, Pre-Charter Era

In this podcast we will look at three cases as examples of how racism in the law was dealt with before the charter entrenchment of rights. Without a constitutional document protecting rights, we see that the court can only strike racist legislation on the basis of division of powers. Both the JCPC and [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 10 Feb 2007 19:12:21 +0000 ]

Canadian Constitutional Law #20: International Economic Obligations

In this podcast we discuss some of Canada’s international economic agreements, and how they are impacted by division of power issues regarding the economy. We will look at some ways in which the constitution is “amended” in practice - that is, the methods that may be employed to achieve a distribution of power between [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 10 Feb 2007 19:11:56 +0000 ]

Foundations of Canadian Law #6: The Hart-Fuller Debate

This podcast we will do a brief overview of the Hart-Fuller debate. What happens when two overeducated professors duke it out in the Harvard Law Review? Hart defends the positivist stance that law and morality are seperate, while Fuller maintains that law must encompass a certain amount of morality to explain its binding [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 01 Feb 2007 02:10:21 +0000 ]

Foundations of Canadian Law #5: Rules and Obligations

As Foundations abruptly stops being simple, I attempt to explain the philosophies of HLA Hart and Ronald Dworkin regarding the nature of law, legal systems, and the source of our obligations to obey. Hart’s positivism views law as seperate from morality (more on this next podcast), and explains obligations as a product of social [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 01 Feb 2007 02:09:54 +0000 ]

Foundations of Canadian Law #4: Conceptions of Justice

What is justice? Is it the same as law? What happens when laws are unjust or harmful to us? In this episode we discuss Aristotle’s Ethics, Plato’s Republic and Dialogues, and Sophocles’ Anitgone. We will discuss different conceptions of justice, and the moral dilemna that arises in regards to obeying laws which [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 01 Feb 2007 02:09:01 +0000 ]

Foundations of Canadian Law #3: Aboriginal Title

This podcast we look atthe landmark Delgamuukw case, in which the Supreme Court recognized the aboriginal title held by several First Nations in BC. This title is not the same as ownership, it is the sui generis right to exclusive use and occupation of the land, inalienable but to the crown. (If [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 01 Feb 2007 00:57:02 +0000 ]

Maritime Law #4: Recovery of Non-Pecuniary Damages (with Prof. Force)

If you have taken civil procedure or listened to one of Neil’s podcasts on the subject, you may be familiar with the Erie doctrine. In matters of admiralty law, the reverse Erie doctrine applies; common law is created by the federal judiciary. Such federal common law rules are even binding on state courts hearing an [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 01 Feb 2007 00:19:03 +0000 ]

Constitutional Law (Samuel) #1: Standing

Plaintiffs have standing when the court finds that there is (I) an legally-recognised harm to the plaintiff, (II) a reasonable causal connexion between the injury to the plaintiff and the complained-of conduct of the defendant, and (III) a likelihood that an affirmative ruling will vindicate the rights of the plaintiff....

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sun, 28 Jan 2007 17:54:15 +0000 ]

Canadian Constitutional Law #19: Economic Regulation II

In our second podcast on economic regulation, we look at the federal government’s power to legislate for trade under sec 91(2), control over trade and commerce. Beginning with the parsons case, this has been interpreted as containing 2 branches: power over international or interprovincial trade and commerce, and a second branch of power over general [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 25 Jan 2007 03:44:02 +0000 ]

Canadian Constitutional Law #18: Economic Regulation I

Who has jurisdiction over economic regulation? This is an area that could fit under the federal power of trade and commerce (sec91(2)), or the provincial power over property and civil rights (sec92(13)). In general, intraprovincial trade is considered to be a provincial matter and interprovincial and international trade is considered a federal matter. In the [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 25 Jan 2007 03:40:07 +0000 ]

Foundations of Canadian Law #2: Court System

In this episode we look at the structure of the court system in Canada. The most important feature to remember is that Canada is a unified (as opposed to a dual) court system. So our courts sit in direct hierarchies, with the Supreme Court serving as the final court of appeal for both federal and [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Tue, 16 Jan 2007 02:13:55 +0000 ]

Foundations of Canadian Law #1: Civil Law History

This is the first podcast in a class called Foundations of Canadian Law at McGill University. In Foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Tue, 16 Jan 2007 02:12:38 +0000 ]

Canadian Constitutional Law #17: Provincial Regulation of Morality

Nude dancing, prostitution and stamping out communism are just some of the issues the provinces have attempted to tackle. Since morality is considered a valid criminal purpose (see Margarine reference from episode 15 of the last term’s podcasts), and criminal law is a federal power, how have the courts interpreted provincial attempts to regulate [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Tue, 16 Jan 2007 02:02:12 +0000 ]

Canadian Constitutional Law #16: Review

In about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality. Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 21 Dec 2006 00:34:20 +0000 ]

Canadian Constitutional Law #15: Federal Criminal Power

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 21 Dec 2006 00:33:24 +0000 ]

Canadian Constitutional Law #14: POGG National Concern

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 21 Dec 2006 00:31:34 +0000 ]

Canadian Constitutional Law #13: POGG Emergency

The federal government has the power to make lakes for the “Peace Order and Good Governance” (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976. Reference [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 21 Dec 2006 00:29:58 +0000 ]

Canadian Constitutional Law #16: Review

In about 40 minutes we recap the whole term. We will begin term two in January with provincial regulation of morality.Download the episode(41:17)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Fri, 15 Dec 2006 19:20:00 -0600 ]

Canadian Constitutional Law #15: Federal Criminal Power

Under 91(27) the federal government has the plenary (total) power to make criminal laws for Canada. This power has been interpreted very broadly by the courts to include legislation that can appear more regulatory than criminal so long as it contains a prohibition and punishment, with a valid purpose (usually protecting the public from an "evil"). Legislation has even been upheld as criminal when it appears the federal government intended it to be considered under POGG. This is the last new t...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Fri, 15 Dec 2006 19:11:00 -0600 ]

Canadian Constitutional Law #14: POGG National Concern

To conclude our discussion of POGG, we will look at the second major branch of this concept as national concern. What makes something national concern? What criteria must it meet? The foundational case on this subject is R v Crown Zellerbach Ltd, in which justice Le Dain establishes a test to determine whether an area of jurisdiction meets the criteria for national concern. We will look at this test and a few other cases relating to POGG.Download the episode(23:03)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 14 Dec 2006 20:58:02 -0600 ]

Canadian Constitutional Law #13: POGG Emergency

The federal government has the power to make lakes for the "Peace Order and Good Governance" (POGG) of the country under s91. But what does this mean? In the first of two podcasts on POGG we will look at POGG as an emergency power, as seen in the Laskin-Beetz debate in the Anti-Inflation Reference 1976.Download the episode(29:39)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Wed, 29 Nov 2006 21:01:00 -0600 ]

Canadian Constitutional Law #12: Paramountcy Doctrine

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Fri, 24 Nov 2006 09:48:00 +0000 ]

Canadian Constitutional Law #11: Interjurisdictional Immunity Doctrine

We continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn: where labour laws go to die. what a hopeless anglo sounds like when she tries to read the [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Fri, 24 Nov 2006 09:41:00 +0000 ]

Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine

In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government’s jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Fri, 24 Nov 2006 09:34:00 +0000 ]

Canadian Constitutional Law #12: Paramountcy Doctrine

This is the last doctrine for a while! Paramountcy dictates that in areas of concurrent jurisdiction (remember the double aspect doctrine?), if there is a conflict between statutes the federal government will have final say. In this podcast will we observe a drunk driver have his liscence both suspended and restricted (confusing, no?) and lament the fate of Saskatchewan farmers, who are often unappreciated by bureaucrats in Ottawa. Multiple Access v McCutchoen is also back by popular request....

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 23 Nov 2006 23:48:00 -0600 ]

Canadian Constitutional Law #11: Interjurisdictional Immunity Doctrine

We continue our study of the many, many doctrines of Canadian Constitutional theory with the Interjurisdictional Immunity Doctrine, which exempts certain federal undertakings (think Bell Canada) from provincial laws which are otherwise valid. In this podcast you will learn:-where labour laws go to die.-what a hopeless anglo sounds like when she tries to read the titles of french cases.-why my spell-check doesn't recognize Interjurisdictional as a word.Download the episode(17:51)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 23 Nov 2006 23:41:00 -0600 ]

Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine

In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government's jurisdiction when the provision is part of a larger valid scheme. The Double Aspect Doctrine is very commonly used to allow for concurrent jurisdictions of shared legislative power between the provinces and the federal government. The double aspects doctrine is ...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Thu, 23 Nov 2006 23:34:00 -0600 ]

Constitutional Law II #31: Public Displays and Free Exercise

In this, our final episode for Constitutional Law II, we will examine public religious displays (such as nativity scenes and the Ten Commandments), as well as briefly consider the Free Exercise of religion. Lynch v. Donnelly (SCOTUS, 1984) Allegheny County v. Greater Pittsburgh ACLU (SCOTUS, 1989) Stone v. Graham (SCOTUS, 1980) McReary County v. ACLU of Kentucky (SCOTUS, 2005) Van [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 22:16:00 +0000 ]

Constitutional Law II #30: More Tests and School Prayer

In this episode we will examine the coercion test, the history / tradition test, the “stupid legislator” test, as well as briefly examining school prayer and the pledge of allegiance. Marsh v. Chambers (SCOTUS, 1983) Lee v. Weisman (SCOTUS, 1992) Santa Fe Independent School District v. Doe (SCOTUS, 2000) Wallace v. Jaffree (SCOTUS, 1985) Elk Grove Unified School District v. [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 22:10:00 +0000 ]

Constitutional Law II #29: Establishment and School Funding

Can the state provide funding to a private, religious school? The answer, as in many situations is, “it depends.” In this episode we’ll look at some of the various ways that private-school funding has been deemed an establishment, and other ways in which it was not. Committee for Public Education v. Nyquist (SCOTUS, 1973) Mueller [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 22:04:00 +0000 ]

Constitutional Law II #28: Introduction to Establishment

We now turn to our final topic in Constitutional Law II, the Religion Clauses. The clauses protect the free exercise of religion, as well as ensuring against the establishment of a religion (aka “separation of church and state”). We will talk a bit about the historical context of the Religion Clauses, as well [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 21:50:00 +0000 ]

Constitutional Law II #31: Public Displays and Free Exercise

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 12:16:00 -0600 ]

Constitutional Law II #30: More Tests and School Prayer

In this episode we will examine the coercion test, the history / tradition test, the "stupid legislator" test, as well as briefly examining school prayer and the pledge of allegiance.Download the episode(25:19)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 12:10:00 -0600 ]

Constitutional Law II #29: Establishment and School Funding

Can the state provide funding to a private, religious school? The answer, as in many situations is, "it depends." In this episode we'll look at some of the various ways that private-school funding has been deemed an establishment, and other ways in which it was not.Download the episode(23:52)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 12:04:00 -0600 ]

Constitutional Law II #28: Introduction to Establishment

We now turn to our final topic in Constitutional Law II, the Religion Clauses. The clauses protect the free exercise of religion, as well as ensuring against the establishment of a religion (aka "separation of church and state"). We will talk a bit about the historical context of the Religion Clauses, as well as two foundational cases.Download the episode(32:24)...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 11:50:00 -0600 ]

Foundations of Canadian Law #2: Court System

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 11:49:57 -0600 ]

Foundations of Canadian Law #1: Civil Law History

This is the first podcast in a class called Foundations of Canadian Law at McGill University. In foundations we tend to cover a wide variety of topics related to law such as philosophy, aboriginal title, history, rights, rules and morals, etc., so many of these episodes can stand alone. In this short episode, I talk a little bit about the history of civil law in Canada. For a more comprehensive history of Canada's pre-confederate legal system you may also listen toCanadian Constitutional Law ...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 18 Nov 2006 11:47:46 -0600 ]

Canadian Constitutional Law #9: Pith = Babies?

In this podcast we take a closer look at the Pith and Substance doctrine by examining one of the Morgentaler cases relating to abortion and the Reference re Employment Insurance regarding maternity leave benefits. Morgentaler is always interesting, this will be a fun podcast. R v Morgentaler (1993) Reference re Employment Insurance Act, (2005) Unemployment Insurance [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 07:29:01 +0000 ]

Constitutional Law II #27: Defamation

Defamation is another type of “speech” that is often said as being outside the 1st Amendment. In this episode we briefly look at the substantive aspects of defamation, as well as the constitutional requirements of proof before a defamation cause of action can proceed against a public figure. NY Times Co. v. Sullivan (SCOTUS, 1964) Gertz [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 07:08:54 +0000 ]

Constitutional Law II #26: Indecent Speech II

We continue our discussion of indecent speech by examining COPA, the Child Online Protection Act. ACLU v. Ashcroft (SCOTUS, 2002) Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 07:01:52 +0000 ]

Constitutional Law II #25: Indecent Speech I

Often times speech will not rise to the level of “obscene”, but will be considered “indecent.” (For example, it could be considered obscene as to minors.) When public broadcasting is concerned, there are certain regulations that the state can place on this speech. I also advocate examining these regulations based upon a [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 06:56:35 +0000 ]

Constitutional Law II #24: Obscenity

Obscenity is often said to be outside the 1st Amendment. In this episode we will look at the policies and arguments that underly not protecting obscenity, the historical (and continuing) difficulty in defining exactly what obscenity is, as well as the current test for obscenity. Wikipedia article on Robert Mapplethorpe Roth v. United States (SCOTUS, 1957) Ginzburg [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 06:50:23 +0000 ]

Constitutional Law II #23: Commercial Speech

Commercial speech historically received no 1st Amendment protection. However, that has somewhat recently changed, granting commercial speakers an intermediate level of protection. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (SCOTUS 1976) Central Hudson Gas & Elec. Corp v. Public Service Comm’n (SCOTUS, 1980) 44 Liquormart v. Rhode Island (SCOTUS, 1996) Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 06:43:38 +0000 ]

Constitutional Law II #22: State-Funded Speech

When the government pays for speech, it is also given additional leeway in crafting the conveyed message. Examples are government employees and those receiving government funding. Rust v. Sullivan (SCOTUS, 1991) Rosenburger v. Rector and Visitors of University of Virginia (SCOTUS, 1995) United States v. American Library Association, Inc. (SCOTUS, 2003) Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 06:40:33 +0000 ]

Constitutional Law II #21: Speech in Schools

In restricted environments, such as militaries, prisons, and schools, the government is given slightly more leeway to restrict speech. In this episode we will examine the rules that apply to schools. Tinker v. Des Moines Independent Community School District (SCOTUS, 1969) Bethel School District v. Fraser (SCOTUS, 1986) Hazelwood School District v. Kuhlmeier (SCOTUS, 1998) Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 06:34:53 +0000 ]

Constitutional Law II #20: Forum Analysis

Just because property is publicly owned, doesn’t mean that the government can’t restrict what type of speech goes on there. Different rules apply to different types of “public forums” (or perhaps “public fora”). In this episode we will look at some of the considerations that go into calibrating protection based on the relevant [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 13 Nov 2006 06:30:44 +0000 ]

Canadian Constitutional Law #8: The Depression and the New Deal Legislation

In this episode we’ll discuss the “New Deal” legislation, six statutes enacted by RP Bennett’s government in 1935 to combat the depression. These acts were mostly ruled ultra vires by the JCPC in two reference decisions that sparked some backlash towards the Privy Council’s strict interpretations, and later led to a constitutional amendment. The Unemployment [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sun, 05 Nov 2006 07:15:00 +0000 ]

Canadian Constitutional Law #7: Watertight Compartments

Diverging from the Russell and Hodge cases we looked at last time, in the 1920s Lord Haldane made a series of judgements that viewed the powers given to the federal and provincial governments in s91 and s92 as “watertight compartments” where little or no overlap may exist. I disscuss the Snider case as an [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 30 Oct 2006 07:57:22 +0000 ]

Canadian Constitutional Law #6: Division of Powers

Does prohibition relate to national unity? Apparently so. We look at three early prohibition cases to exemplify how the Judicial Committee of the Privy Council developed two doctrines used to interpret constitutional division of power, the “pith and substance doctrine” and the “double aspect doctrine”. In the third case, the JCPC begins [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 30 Oct 2006 07:54:08 +0000 ]

Canadian Constitutional Law #5: The Persons Case!

The 1929 Persons Case (Edwards v AG Canada), is an extremely important and well-known court case in which Emily Murphy (as one of the famous five) fought all the way to London to gain recognition that the words “qualified persons” in the 1867 Constitution Act include women, thus allowing us to sit in the senate. [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sun, 29 Oct 2006 09:44:00 +0000 ]

Property Law #38: Regulatory Takings and Nuisance II

In our last episode for Property, we look a bit more at the question of regulation and the “denominator problem”, as well as looking at a third categorical rule. This rule is that regulations that de-value property into inutility are always a taking, unless justified by background principles of common law nuisance. Penn Central Transportation [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:29:22 +0000 ]

Property Law #37: Regulatory Takings and Nuisance I

Sometimes what appears to be a normal regulation threatens to regulates property into valueless inutility. How far is too far, triggering a taking? And can nuisances be regulated out of existence without paying just compensation? Hadacheck v. Sebastian Pennsylvania Coal Co. v. Mahon Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:28:40 +0000 ]

Property Law #36: Just Compensation and Physical Invasions

In this episode we discuss (albeit briefly) some of the questions to keep in mind when trying to determine what “just compensation” is or should be. We will also begin looking at the question of when has a taking actually taken place, examining a categorical rule involving permanent physical occupations. Riggs v. Township of Long [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:26:06 +0000 ]

Property Law #35: Takings and Public Use

We begin our final topic in this feed: Takings. We’ll define briefly what a taking is, what textual limits the 5th Amendment places on these takings, and try to define what a “public use” is. Hawaii Housing Authority v. Midkiff Kelo v. City of New London Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:24:09 +0000 ]

Property Law #34: Zoning IV

In our final episode on zoning, we discuss the concept of spot zoning, or where a single area (allegedly) has its zoning changed for an improper purpose. State v. City of Rochester Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:22:25 +0000 ]

Property Law #33: Zoning III

In our third episode on zoning, we move to variances and special exceptions. Variances are when the zoning code is not strictly applied to avoid undue hardship, while a special exception is when a use is generally allowable, but requires sign-off from the zoning board. Commons v. Westwood Zoning Board of Adjustment Cope v. Inhabitants of [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:20:08 +0000 ]

Property Law #32: Zoning II

We continue our discussion of zoning by focusing on the noncomforming use. A noncomforming use is one that was legal before a zoning ordinance took effect, but is now outside of the appropriate zone. The concept of amortization (giving a deadline for shutting down the noncomforming use, after reasonable recoupment of investment) is [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:18:57 +0000 ]

Property Law #31: Zoning I

We turn our attention from private land controls to public land controls. Specifically, we’ll be looking at a concept called zoning, the constitutionality of which was upheld by this episode’s case. Village of Euclid v. Ambler Realty Co. Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 23 Oct 2006 05:17:43 +0000 ]

Canadian Constitutional Law #4: Legislative and Executive Powers

In this episode, I explain why in Canada the executive and legislative branches are fused, and look at how they operate in relation to one another. I then discuss the Roncarelli case and the Imperial Tobacco case as examples of how rule of law may or may not be used to constrain government power. British [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sat, 21 Oct 2006 01:39:00 +0000 ]

Property Law #30: Servitudes II

We continue and conclude our discussion of servitudes by focusing on the touch and concern requirement. Neponsit Property Owners’ Association, Inc. v. Emigrant Industrial Savings Bank Caullett v. Stanley Stilwell & Sons, Inc. Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Wed, 04 Oct 2006 06:21:27 +0000 ]

Property Law #29: Servitudes I

A servitude is a generic term for negative easements, real covenants, and equitable servitudes. Servitudes impose restrictions and burdens on land owners, while also bringing a reciprocal benefit. Most homeowner association regulations are enforced via servitudes. Tulk v. Moxhay Sanborn v. McLean Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Wed, 04 Oct 2006 06:21:14 +0000 ]

Canadian Constitutional Law #3: History

Why did Papineau stage an armed rebellion? Who is Lord Durham, and why do they no longer show those old Canadian Heritage Moments on TV? All this and more in Canadian Constitutional Law #3! In this episode I outline the historical background and major legislation leading up to confederation in 1867. Royal Proclaimation [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Wed, 04 Oct 2006 06:20:55 +0000 ]

Canadian Constitutional Law #2: Underlying Principles of the Constitution

If important parts of the constitution are unwritten, what are the sources of these informal componants? In this episode, I discuss the Supreme Court Reference Regarding the Secession of Quebec (1998), a document in which the supreme court identifies four principles underlying the constitution. We then look at the Montfont Hospital case as an [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sun, 24 Sep 2006 02:55:20 +0000 ]

Law School Experience #3: The Closed Memo

I have received my first assignment for my legal research and writing class, namely the ‘closed memo.’ In this short episode I try to give listeners some idea of what this assignment entails. Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sun, 24 Sep 2006 00:49:52 +0000 ]

Law School Experience #2: Canadian Law Schools

In this episode, Erin Morgan talks about Canadian law schools, and the application process for getting into them. Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Sun, 24 Sep 2006 00:32:00 +0000 ]

News and Views #19: Introducing Erin Morgan

I am pleased to formally introduce Erin Morgan. Erin, a 1L from McGill University in Montreal, will be recording on Canadian Constitutional Law. She intends to practice international law upon graduation. Download Standard Podcast...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 18 Sep 2006 00:10:00 +0000 ]

Canadian Constitutional Law #1: Constitutional Documents

In the first episode of Canadian Constitutional Law, I explain which documents are formally included in the written constitution, and discuss the key points of the major two documents, the Constitution Act 1867 (formerly known as the BNA Act) and the Constitution Act 1982. The latter document also includes the Charter of Rights and [...]...

MORE... | LISTEN | DOWNLOAD | MOBILE DEVICE

[ Mon, 18 Sep 2006 00:08:47 +0000 ]

Torts (Marc) #6: Trespass to Land

Trespass to land is the next intentional tort on my agenda and here we see that the intent requirment for an ac