Articles on Legal

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While the law generally assumes that a reasonable person is always capable of entering contracts freely, this neoliberal view of contracts does not always hold true. (Unsplash+)

Why some Chinese immigrants avoid signing contracts, and why blaming ‘culture’ misses the bigger picture

The reluctance to use written legal documentation isn’t primarily rooted in Confucian values, as scholars have commonly argued. It’s a response to structural inequality.
Robert E. Crimo III, who was later sentenced to life in prison for killing seven people at a July 4 parade in Illinois, listens to Lake County assistant public defender Anton Trizna during a 2024 hearing. Pool Photo/Nam Y. Huh via AP

Public defender shortage is leading to hundreds of criminal cases being dismissed

There are never enough lawyers to provide indigent defense, but the situation has gotten worse since the pandemic.
President Trump pardoned Charles Kushner, center, who is the father of his son-in-law Jared Kushner. The senior Kusher now serves as U.S. ambassador to France. Marko Georgiev/AP

Pardons are political, with modern presidents expanding their use

Trump and Biden have issued pardons at a faster clip than their predecessors. Many of their decisions appear to have been political or personal in nature.
Under medical privacy regulations, health care providers can disclose health information in response to a subpoena, but they are not required to. designer491/iStock via Getty Images

Federal subpoenas for transgender care records raise medical privacy concerns and put providers in a legal bind – a health law expert explains what’s at stake

The government has provided little information about its allegations or about the criminal charges it is seeking to pursue against transgender care providers.
An expert medical panel chaired by Dr Shoo Lee (far right) presents its conclusions regarding the safety of the convictions of Lucy Letby. Ben Whitley/PA Images/Alamy

Lucy Letby case: the problems with expert evidence

As an expert in both criminal and medical law, I am concerned with how prosecution teams gather expert evidence in these cases.
RCMP Chief Supt. Will Ng speaks at a news conference as seized fentanyl pills are displayed in Surrey, B.C., in March 2023. Years of civil forfeiture regulations do not appear to be resulting in any meaningful abatement in organized crime, particularly in the illicit drug trade. THE CANADIAN PRESS/Darryl Dyck

Are governments using proceeds from crime to raise public funds?

Civil forfeiture laws and unexplained wealth orders seem to be less about crime control than an exercise in public funding.
Alec Baldwin accidentally shot and killed a cinematographer, Halyna Hutchins, in late 2021 while filming a movie in New Mexico. AP Photo/Jae C. Hong

What is involuntary manslaughter? A law professor explains the charge facing Alec Baldwin for ‘Rust’ shooting death

To convict Alec Baldwin of manslaughter for the on-set deadly shooting of Halyna Hutchins in 2021, prosecution will need to show that the actor was either reckless or criminally negligent.
Given the observed and anticipated growth of telemedicine since the beginning of the pandemic, it would be a good idea to clarify and co-ordinate the rules applicable to it in Canada. Shutterstock

What the rise of telemedicine means for Canada’s legal system

The legal uncertainty surrounding telemedicine services is not without consequences. Patients may not have access to public protection remedies.

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