Alberta Law Review

We are pleased to announce that our latest issue, 60:4 is now live on our website. You can read our content for free here: https://lnkd.in/gZxg4F87

What factors influence Black undergraduate students' decisions to apply to law school? 🎓⚖️ University of Alberta, Faculty of Law Professor and Associate Dean Research Ubaka Ogbogu’s research note investigates the motivations and barriers faced by Black students in the Edmonton area. The study reveals key considerations, such as law school reputation, proximity, and inclusive environments, that shape their choices. The findings aim to inform efforts to address the significant under-representation of Black students in law programs and enhance engagement with prospective students. Read “Edmonton Area Black Undergraduate Students’ Intentions and Views Regarding Applying to Law School” here: https://lnkd.in/g8Q5QKpa

What legal challenges does remote patient monitoring (RPM) introduce in health care? 🩻🌐 McGill University – Faculty of Law Doctor of Civil Law Student Dimitri Patrinos explores the complexities of medical liability arising from RPM's growing use in telehealth. Patrinos calls for the development of evidence-based guidelines to establish clear standards for courts and practitioners, aiming to mitigate liability risks and encourage broader adoption of RPM in clinical practice. Read “The Virtual Physician: Clarifying Medical Liability Issues in the Use of Remote Patient Monitoring” here: https://lnkd.in/gvHET7mY

How has litigation activity evolved in the Supreme Court of British Columbia over the past three decades? 🏛️📉 Donald J. Netolitzky K.C.’s article provides a comprehensive long-term analysis of court activity in this Canadian superior court. Using data from annual reports, Netolitzky explores shifts in case types, trial frequency, and court resource allocation, revealing a stable overall volume with significant changes in criminal, family, and civil cases. Read “Over a Shadowed Threshold: Supreme Court of British Columbia Litigation Activity 1992 - 2022” here: https://lnkd.in/gmsPu-2Q

How should the assignment of contractual rights be conceptualized in common law? 🤝📜 University of Ottawa - Faculty of Law | Common Law Assistant Professor Stéphane Sérafin addresses this question by challenging two prevailing views of assignment: as a conveyance and as a trust. Sérafin proposes a novel approach that seeks to reconcile the complexities of assignment with foundational contract law principles. Read “The Contractual Basis of the Assignment of Contractual Rights” here: https://lnkd.in/gVDbR94C

Are fertility clinics in Canada doing enough to protect egg providers? 🥚🩺 Toronto Metropolitan University Lincoln Alexander School of Law Assistant Professor Kathleen (Katie) Hammond’s article sheds light on the insufficient regulatory oversight in the fertility industry. Hammond highlights the lack of regulatory oversight and inconsistent care standards that leave egg providers vulnerable and calls for stricter regulations to ensure ethical and legal compliance in the care of egg providers. Read “The Business of Egg Transactions and Need for Improved Regulation of the Fertility Industry in Canada” here: https://lnkd.in/g8bqdyrX

Are “blanket veto and disclosure laws” justified in protecting parental rights over transgender youth? 🏳️⚧️⚖️ University of Alberta, Faculty of Law Assistant Professor Florence Ashley critically examines the legal and constitutional validity of laws requiring parental consent for transgender students to change their names or pronouns at school and argues that these “blanket veto and disclosure laws” fail to meet the criteria provided by section 1 of the Canadian Charter of Rights and Freedoms for justifying limitations on rights. Read “Parental Rights over Transgender Youth: Furthering a Pressing and Substantial Objective?” here: https://lnkd.in/gSjmak5c

Should time spent in remand be considered punishment? 🏛️⏳ University of Saskatchewan Assistant Professor Colton Fehr’s article delves into this critical question by challenging the existing legal approach that excludes remand time from the definition of punishment and advocates for expanding this definition to better protect accused individuals’ rights. Read “Unpacking the Implications of Remand Time Constituting Punishment” here: https://lnkd.in/gdVTTrRU

How does the choice architecture shape outcomes in the criminal justice system? ⚖️🔄 This article addresses this question by examining how different legal frameworks influence decision-making in regulatory versus criminal prosecutions. University of Ottawa - Faculty of Law | Common Law Associate Professor Terry Skolnik’s thought-provoking analysis sheds light on how these structures impact defendants, especially marginalized communities, and calls for a deeper understanding of their role in criminal justice reform. Read “The Regulatory Offence Revolution in Criminal Justice: The Choice Architecture of Regulatory Offences” here: https://lnkd.in/enPgEXVA

What does it mean to be a ‘climate competent’ lawyer today? 🌎🌱 Carol Liao, Associate Professor at Peter A. Allard School of Law at UBC, Chair of Canada Climate Law Initiative, Co-Director of UBC Centre for Climate Justice, tackles this pressing question in her article by exploring the critical responsibilities of the Canadian legal profession as it navigates the challenges of a rapidly changing climate. Read “Lawyers in a Warming World” here: https://lnkd.in/geczNZS2