Simon Stern
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View article: Cognitive Legal Humanities: An Introduction
Cognitive Legal Humanities: An Introduction Open
Whereas cognitive legal studies has attracted a considerable amount of attention from law professors over the past few decades, cognitive legal humanities (CLH) is only starting to gain traction. CLH brings together work in the cognitive s…
View article: Omniscient Narrative Modes in Law: From Trial Strategy to the Fellow-Servant Rule
Omniscient Narrative Modes in Law: From Trial Strategy to the Fellow-Servant Rule Open
Research in law and literature often uses the term “narrative” as a shorthand for various kinds of motivated legal reasoning, indicating that facts, doctrines, and the relations among them have been chosen and arranged for a particular pur…
View article: 4. The Scope of Artistic Copyright in Nineteenth-Century England
4. The Scope of Artistic Copyright in Nineteenth-Century England Open
The nineteenth century witnessed a series of revolutions in the production and circulation of images. From lithographs and engraved reproductions of paintings to daguerreotypes, stereoscopic views, and mass-produced sculptures, works of vi…
View article: A trust approach for sharing research reagents
A trust approach for sharing research reagents Open
The core feature of trusts-holding property for the benefit of others-is well suited to constructing a research community that treats reagents as public goods.
View article: Legal Affect in Fulbeck’s A Direction or Preparative to the Study of the Law
Legal Affect in Fulbeck’s A Direction or Preparative to the Study of the Law Open
The full title of William Fulbeck’s A Direction or Preparation to the Study of the Law gives a sense of the author’s general orientation: the volume is subtitled, wherein is shewed what things ought to be observed and used of them that are…
View article: Literary Analysis of Law: Reorienting the Connections Between Law and Literature
Literary Analysis of Law: Reorienting the Connections Between Law and Literature Open
This special issue on the New Literary Analysis of Law features articles that dispense with the choice between “law in literature” and “law as literature,” to ask how legal and literary forms, methods, concepts, and attitudes can be produc…
View article: Informed consent for dental implants – an audit into operator variabilities
Informed consent for dental implants – an audit into operator variabilities Open
Informed Consent for Dental Implants: An Audit to help formulate a Gold StandardS.Stern, M.SuleimanBACKGROUNDImplant placement involves a number of risks. The severity of these are variable and may be site-related. Informed consent require…
View article: Textual Privacy and Mobile Information
Textual Privacy and Mobile Information Open
The Supreme Court of Canada’s decision in R v Marakah attempted to resolve the privacy status of text messages under section 8 of the Charter, but offered an incomplete solution because it failed to address the normative basis for protecti…
View article: Copyright As a Property Right? Authorial Perspectives in Eighteenth-Century England
Copyright As a Property Right? Authorial Perspectives in Eighteenth-Century England Open
In recent decades, various scholars have questioned the proposition that copyright must necessarily be rooted entirely in a property paradigm, and have sought to show how, over the last century and a half or so, that paradigm has been appl…
View article: Introduction: Artificial Intelligence, Technology, and the Law
Introduction: Artificial Intelligence, Technology, and the Law Open
This article introduces the essays on Artificial Intelligence, Technology, and the in the issue of the University of Toronto Law Journal based on a conference held in February 2017. The article discusses the themes of each paper, examinin…
View article: Samuel Richardson and the Law
Samuel Richardson and the Law Open
This chapter discusses forensic mentality that pervades Samuel Richardson's novels, his correspondence, and his writings about fiction. Scholars have explored numerous doctrinal contexts in which Richardson's novels address legal issues i…
View article: Narratives of Criminal Procedure from Doyle to Chandler to Burke
Narratives of Criminal Procedure from Doyle to Chandler to Burke Open
Despite the considerable body of work aimed at showing that law is a form of narrative, these efforts have not found many adherents for the view that legal briefs and judicial opinions make better bedtime reading than mystery novels or cou…
View article: Kenneth M. Smookler, Farr & Beyond: Lawyers for the Otherworldly (Toronto: Wall & Emerson, 2016), p 118, ISBN 978-1-895131-26-0
Kenneth M. Smookler, Farr & Beyond: Lawyers for the Otherworldly (Toronto: Wall & Emerson, 2016), p 118, ISBN 978-1-895131-26-0 Open
Kenneth M. Smookler, Farr & Beyond: Lawyers for the Otherworldly (Toronto: Wall & Emerson, 2016), p 118, ISBN 978-1-895131-26-0. An article from journal McGill Law Journal / Revue de droit de McGill (Volume 62, Number 4, June 2017, pp. 923…
View article: R. v. Jones (1703): The Origins of the "Reasonable Person"
R. v. Jones (1703): The Origins of the "Reasonable Person" Open
Although the origins of the “reasonable person” standard are usually traced to the 1837 tort case of Vaughan v. Menlove, eighteenth-century jurisprudence offers various examples of a personified, objective standard. This paper focuses on a…