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Presented here is a selection of theses and dissertations from the School of Law. Please note that this is not a complete record of all degrees awarded by the School.

This material is presented to ensure timely dissemination of scholarly and technical work. Copyright and all rights therein are retained by authors or by other copyright holders. All persons copying this information are expected to adhere to the terms and constraints invoked by each author's copyright. In most cases, these works may not be reposted without the explicit permission of the copyright holder.

Recent Submissions

Out of place and out of time: older prisoners in chile , mind the gap: an empirical study of terrorism offences, law-making, and discretion , challenges and limitations of granting legal personality to distributed/decentralized autonomous organizations , development of international shipping standards under the auspices of the imo and their implementation in practice: a case study of thailand , adequacy of the ex post armed attack framework of the jus ad bellum in relation to the evolving means and methods of warfare , governing disputed maritime areas , what we say when we criminalise: a metanormative inquiry , testamentary law in england, c. 1450-1540 , sovereign immunity from execution of foreign arbitral awards in the 21st century , conceptualizations of addiction in harm reduction strategies for effective and ethical uk drug policy , liminality and the lived experience of law in medicine: the legal consciousness of physicians in encounters with people living as undocumented migrants , contested citizenship and statelessness in question: an anlysis of cases of overseas taiwanese people and tibetan exiles in taiwan , eternity and the constitution: the promise and limits of eternity clauses , hate speech in the british press: a theoretical and practical assessment of the case for broader regulation , liberty versus security under illiberal constitutionalism: the legality of criminalising humanitarian assistance in hungary and greece , operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device , worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism , development of law of the sea by unclos dispute settlement procedures: towards a coherent jurisprudence , evaluating the european union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression , reconciling reverse burdens of proof with the presumption of innocence: a new approach .

HLS Dissertations, Theses, and JD Papers

S.j.d. dissertations, ll.m. papers, ll.m. theses, j.d. papers, submitting your paper to an online collection, other sources for student papers beyond harvard, getting help, introduction.

This is a guide to finding Harvard Law School (“HLS”) student-authored works held by the Library and in online collections. This guide covers HLS S.J.D Dissertations, LL.M. papers, J.D. third-year papers, seminar papers, and prize papers.

There have been changes in the HLS degree requirements for written work. The library’s collection practices and catalog descriptions for these works has varied. Please note that there are gaps in the library’s collection and for J.D. papers, few of these works are being collected any longer.

If we have an S.J.D. dissertation or LL.M. thesis, we have two copies. One is kept in the general collection and one in the Red Set, an archival collection of works authored by HLS affiliates. If we have a J.D. paper, we have only one copy, kept in the Red Set. Red Set copies are last resort copies available only by advance appointment in Historical and Special Collections .

Some papers have not been processed by library staff. If HOLLIS indicates a paper is “ordered-received” please use this form to have library processing completed.

The HLS Doctor of Juridical Science (“S.J.D.”) program began in 1910.  The library collection of these works is not comprehensive. Exceptions are usually due to scholars’ requests to withhold Library deposit. 

• HLS S.J.D. Dissertations in HOLLIS To refine these search results by topic or faculty advisor, or limit by date, click Add a New Line.
• Hein’s Legal Theses and Dissertations Microfiche Mic K556.H45x Drawers 947-949 This microfiche set includes legal theses and dissertations from HLS and other premier law schools. It currently includes about 300 HLS dissertations and theses.
• Hein's Legal Theses and Dissertations Contents List This content list is in order by school only, not by date, subject or author. It references microfiche numbers within the set housed in the Microforms room on the entry level of the library, drawers 947-949. The fiche are a different color for each institution.
• ProQuest Dissertations and Theses @ Harvard University (Harvard login) Copy this search syntax: dg(S.J.D.) You will find about 130 SJD Dissertations dated from 1972 to 2004. They are not available in full text.
• DASH Digital Access to Scholarship at Harvard Sponsored by Harvard University’s Office for Scholarly Communication, DASH is an open repository for research papers by members of the Harvard community. There are currently about 600 HLS student papers included. Unfortunately it is not possible to search by type of paper or degree awarded.

The Master of Laws (“LL.M.”) degree has been awarded since 1923. Originally, the degree required completion of a major research paper, akin to a thesis. Since 1993, most students have the option of writing the LL.M. "short paper."  This is a 25-page (or longer) paper advised by a faculty supervisor or completed in conjunction with a seminar.  Fewer LL.M. candidates continue to write the more extensive "long-paper." LL.M. candidates holding J.D.s from the U.S. must write the long paper.

• HLS Written Work Requirements for LL.M. Degree The current explanation of the LL.M. written work requirement for the master of laws.

The library generally holds HLS LL.M. long papers and short papers. In recent years, we require author release in order to do so. In HOLLIS, no distinction is made between types of written work created in satisfaction of the LL.M. degree; all are described as LL.M. thesis. Though we describe them as thesis, the law school refers to them solely as papers or in earlier years, essays. HOLLIS records indicate the number of pages, so at the record level, it is possible to distinguish long papers.

• HLS LL.M. Papers in HOLLIS To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

HLS LL.M. Papers are sometimes available in DASH and Hein's Legal Dissertations and Theses. See descriptions above .

The HLS J.D. written work requirement has changed over time. The degree formerly required a substantial research paper comparable in scope to a law review article written under faculty supervision, the "third year paper." Since 2008, J.D. students have the option of using two shorter works instead.

Of all those written, the library holds relatively few third-year papers. They were not actively collected but accepted by submission from faculty advisors who deemed a paper worthy of institutional retention. The papers are described in HOLLIS as third year papers, seminar papers, and student papers. Sometimes this distinction was valid, but not always. The faculty deposit tradition more or less ended in 2006, though the possibility of deposit still exists. 

• J.D. Written Work Requirement
• Faculty Deposit of Student Papers with the Library

HLS Third Year Papers in HOLLIS

To refine these search results by topic, faculty advisor, seminar or date, click Add a New Line.

• HLS Student Papers Some third-year papers and LL.M. papers were described in HOLLIS simply as student papers. To refine these search results, click "Add a New Line" and add topic, faculty advisor, or course title.
• HLS Seminar Papers Note that these include legal research pathfinders produced for the Advanced Legal Research course when taught by Virginia Wise.

Prize Papers

HLS has many endowed prizes for student papers and essays. There are currently 16 different writing prizes. See this complete descriptive list with links to lists of winners from 2009 to present. Note that there is not always a winner each year for each award. Prize winners are announced each year in the commencement pamphlet.

The Library has not specifically collected prize papers over the years but has added copies when possible. The HOLLIS record for the paper will usually indicate its status as a prize paper. The most recent prize paper was added to the collection in 2006.

Addison Brown Prize Animal Law & Policy Program Writing Prize Victor Brudney Prize Davis Polk Legal Profession Paper Prize Roger Fisher and Frank E.A. Sander Prize Yong K. Kim ’95 Memorial Prize Islamic Legal Studies Program Prize on Islamic Law Laylin Prize LGBTQ Writing Prize Mancini Prize Irving Oberman Memorial Awards John M. Olin Prize in Law and Economics Project on the Foundations of Private Law Prize Sidney I. Roberts Prize Fund Klemens von Klemperer Prize Stephen L. Werner Prize

• Harvard Law School Prize Essays (1850-1868) A historical collection of handwritten prize essays covering the range of topics covered at that time. See this finding aid for a collection description.

The following information about online repositories is not a recommendation or endorsement to participate.

• ProQuest Dissertations and Theses HLS is not an institutional participant to this collection. If you are interested in submitting your work, refer to these instructions and note that there is a fee required, which varies depending on the format of submission.
• EBSCO Open Dissertations Relatively new, this is an open repository of metadata for dissertations. It is an outgrowth of the index American Doctoral Dissertations. The aim is to cover 1933 to present and, for modern works, to link to full text available in institutional repositories. Harvard is not one of the institutional participants.
• DASH Digital Access to Scholarship at Harvard

Sponsored by Harvard University’s Office for Scholarly Communication, this is an open repository for research papers by members of the Harvard community. See more information about the project. 

Some HLS students have submitted their degree paper to DASH.  If you would like to submit your paper, you may use this authorization form  or contact June Casey , Librarian for Open Access Initiatives and Scholarly Communication at Harvard Law School.

• ProQuest Dissertations and Theses (Harvard Login) Covers dissertations and masters' theses from North American graduate schools and many worldwide. Provides full text for many since the 1990s and has descriptive data for older works.
• NDLTD Networked Digital Library of Theses and Dissertations Union Catalog Worldwide in scope, NDLTD contains millions of records of electronic theses and dissertations from the early 1900s to the present.
• Law Commons of the Digital Commons Network The Law Commons has dissertations and theses, as well as many other types of scholarly research such as book chapters and conference proceedings. They aim to collect free, full-text scholarly work from hundreds of academic institutions worldwide.
• EBSCO Open Dissertations Doctoral dissertations from many institutions. Free, open repository.
• Dissertations from Center for Research Libraries Dissertations found in this resource are available to the Harvard University Community through Interlibrary Loan.
• British Library EThOS Dissertation source from the British Library listing doctoral theses awarded in the UK. Some available for immediate download and some others may be requested for scanning.
• BASE from Bielefeld University Library Index of the open repositoris of most academic institutions. Includes many types of documents including doctoral and masters theses.

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• Last Updated: Sep 12, 2023 10:46 AM
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Law Thesis Topics

This page provides a comprehensive list of law thesis topics , designed to assist students in navigating the broad and intricate field of legal studies. Choosing the right thesis topic is crucial for every law student, as it not only contributes to their academic success but also helps in shaping their future career paths. The list encompasses a wide range of specialized areas within the law, including but not limited to administrative law, corporate law, criminal justice, and human rights law. Each category is rich with potential research questions that reflect current challenges and emerging trends in the legal landscape. This resource aims to inspire and support students by providing them with a vast array of topics, thereby facilitating an informed and focused approach to their thesis writing endeavors.

1000 Law Thesis Topics and Ideas

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Get 10% off with 24start discount code, browse law thesis topics:, administrative law thesis topics, banking and finance law thesis topics, commercial law thesis topics, competition law thesis topics, constitutional law thesis topics, contract law thesis topics, corporate law thesis topics, criminal law thesis topics, cyber law thesis topics, environmental law thesis topics, european union law thesis topics, family law thesis topics, health law thesis topics, human rights law thesis topics, immigration law thesis topics, intellectual property law thesis topics, international law thesis topics, labor law thesis topics, legal ethics thesis topics, maritime law thesis topics, media law thesis topics, property law thesis topics, public international law thesis topics, sports law thesis topics, tax law thesis topics.

• The impact of administrative reforms on government efficiency in the 21st century.
• Examining the role of public consultation in administrative decision-making processes.
• The effectiveness of ombudsman institutions in resolving public grievances: A comparative study.
• Legal challenges in implementing electronic governance and digitalization of administrative services.
• The influence of political change on administrative law reforms.
• Judicial review of administrative actions: Balancing government discretion and citizen rights.
• The evolution of administrative law under the pressure of emergency health responses (e.g., COVID-19).
• Privacy rights versus state security: Where should the line be drawn in administrative policies?
• The role of administrative law in combating climate change: Case studies from around the world.
• The effectiveness of administrative penalties in regulating corporate behavior.
• Transparency and accountability in public procurement processes.
• Comparative analysis of administrative law systems in federal and unitary states.
• The role of administrative law in shaping public health policies.
• Administrative law and its impact on minority rights protections.
• The challenge of maintaining administrative justice in times of political instability.
• Legal mechanisms for citizen participation in the administrative rule-making process.
• The future of administrative litigation: Trends and predictions.
• Impact of international law on national administrative law procedures.
• Administrative law’s response to socio-economic disparities.
• The use of artificial intelligence in administrative decision-making: Legal and ethical implications.
• Balancing efficiency and fairness in administrative adjudication.
• The role of administrative agencies in environmental conservation.
• Regulatory challenges in the administration of emerging technologies.
• The impact of globalization on national administrative law practices.
• Administrative law as a tool for social reform.
• Corruption and administrative law: Safeguards and pitfalls.
• Administrative discretion and its limits in democratic societies.
• The intersection of administrative law and human rights.
• The administrative burden of tax law enforcement and compliance.
• Public access to information: Evaluating legal frameworks in different jurisdictions.
• The role of whistleblowers in the administrative state: Protection versus persecution.
• Outsourcing government services: Legal ramifications and oversight.
• Legal standards for emergency powers of administrative agencies.
• Administrative law and the management of public lands.
• Challenges in regulatory enforcement against multinational corporations.
• The impact of administrative decisions on small businesses.
• Legal remedies for administrative injustices: Are they sufficient?
• The influence of lobbying on administrative rule-making.
• The role of the judiciary in shaping administrative law.
• The future of public administration: Predicting changes in law and policy.
• The legal implications of blockchain technology in banking and finance.
• An analysis of regulatory approaches to cryptocurrency in major global economies.
• The role of law in preventing financial crises: Lessons learned from past financial collapses.
• Legal challenges in implementing digital currencies by central banks.
• Consumer protection in online banking: Evaluating current legal frameworks.
• The impact of Brexit on the banking and finance laws in the UK and EU.
• Regulatory responses to financial innovation: Balancing innovation and consumer protection.
• Legal strategies for combating money laundering in the international banking sector.
• The influence of international sanctions on banking and financial transactions.
• Legal issues surrounding the securitization of assets.
• The role of legal frameworks in fostering sustainable banking practices.
• The enforcement of banking regulations against systemic risk.
• Legal aspects of banking insolvencies and their impact on the global economy.
• The evolution of consumer credit laws and their impact on the banking industry.
• The effectiveness of anti-corruption regulations in the banking sector.
• Legal considerations in the management of cross-border banking operations.
• The regulation of shadow banking systems and their legal implications.
• Legal challenges faced by fintech companies in the banking sector.
• The role of law in addressing disparities in access to banking services.
• Legal frameworks for banking privacy and data protection in the age of digital banking.
• The impact of artificial intelligence on regulatory compliance in banking.
• Legal aspects of risk management in banking: Current practices and future directions.
• The legalities of banking for high-risk clients: Balancing business and regulatory requirements.
• The enforcement of Basel III standards in developing countries.
• Legal issues related to bank mergers and acquisitions.
• The regulation of international investment and its impact on banking laws.
• Legal challenges in microfinancing: Protecting both lenders and borrowers.
• The implications of non-performing loans on banking law and policy.
• Banking dispute resolution: The effectiveness of arbitration and mediation.
• The legal framework for Islamic banking and finance: Comparison with Western banking laws.
• The role of the judiciary in shaping banking laws and practices.
• The future of banking regulation: Predicting changes post-global pandemic.
• Legal frameworks governing venture capital and its role in economic development.
• Regulatory challenges in mobile and electronic payment systems.
• The impact of interest rate regulations on banking profitability and lending practices.
• Legal approaches to combat insider trading in the banking sector.
• The role of legal systems in shaping corporate governance in banks.
• Legal provisions for the protection of minority shareholders in banks.
• Regulatory frameworks for derivatives: Balancing risk and innovation.
• The role of international law in governing global banking practices.
• The impact of global trade agreements on domestic commercial laws.
• Legal challenges in e-commerce: Consumer rights and seller responsibilities.
• The enforcement of international commercial contracts: Comparative legal analysis.
• Intellectual property rights in the digital age: Protecting innovations while fostering competition.
• Legal frameworks for cross-border e-commerce transactions.
• The role of commercial law in supporting small and medium enterprises (SMEs).
• Arbitration vs. court litigation: Choosing the right path for commercial disputes.
• The evolution of commercial law with the rise of artificial intelligence and robotics.
• Legal strategies for protecting brand identity and trademarks internationally.
• The impact of anti-monopoly laws on corporate mergers and acquisitions.
• Legal aspects of supply chain management and logistics.
• The enforcement of non-disclosure agreements in international business deals.
• Consumer protection laws in the context of misleading advertising and sales practices.
• The role of commercial law in regulating online payment systems.
• Contract law for the modern entrepreneur: Navigating contracts in a digital world.
• The influence of cultural differences on international commercial negotiations and laws.
• Legal challenges in franchising: Protecting franchisors and franchisees.
• Commercial leasing disputes and the law: Trends and resolutions.
• Corporate social responsibility and commercial law: Legal obligations and implications.
• Legal implications of Brexit for European trade and commercial law.
• Regulation of commercial drones: Privacy, safety, and commercial uses.
• Legal issues surrounding the gig economy and contract employment.
• Protecting consumer data in commercial transactions: Legal obligations and challenges.
• Legal aspects of marketing and advertising in digital media.
• Impact of environmental laws on commercial practices: From compliance to competitive advantage.
• Legal remedies in commercial law: Exploring efficient dispute resolution mechanisms.
• Insolvency and bankruptcy: Legal strategies for rescuing troubled businesses.
• The legal consequences of business espionage: Protecting commercial interests.
• The role of trademarks in building and maintaining brand value.
• Corporate governance in the modern corporation: Legal frameworks and challenges.
• Comparative analysis of commercial guaranties across different legal systems.
• Legal issues in the export and import of goods: Navigating international regulations.
• The regulation of commercial insurance: Balancing stakeholder interests.
• Legal challenges in real estate development and commercial property investments.
• Impact of digital currencies on commercial transactions.
• International taxation and its impact on multinational commercial operations.
• The regulation of unfair competition in a globalized market.
• Legal strategies for managing commercial risks in unstable economies.
• The role of law in innovative financing methods like crowdfunding and peer-to-peer lending.
• Contractual liability and risk management in international commercial projects.
• The impact of digital market platforms on traditional competition law frameworks.
• Analyzing the effectiveness of antitrust laws against tech giants in the digital economy.
• Comparative analysis of competition law enforcement in the US and EU.
• The role of competition law in regulating mergers and acquisitions in the healthcare sector.
• Challenges in applying competition law to free-of-charge services on the internet.
• Legal strategies for combating price fixing in international markets.
• The impact of Brexit on competition law and policy in the UK.
• Competition law and its role in managing market dominance by multinational corporations.
• Evaluating the need for reform in competition law to adapt to global economic changes.
• The enforcement of competition law against patent abuse and anti-competitive practices in the pharmaceutical industry.
• The role of competition authorities in promoting innovation through enforcement policies.
• Analyzing the intersection of competition law and consumer protection.
• The effectiveness of leniency programs in uncovering and deterring cartel activity.
• Impact of competition law on small and medium-sized enterprises: Protection or hindrance?
• The influence of artificial intelligence on competitive practices and regulatory responses.
• The role of economic evidence in competition law litigation.
• Globalization and its effects on national competition law policies.
• The challenges of enforcing competition law in digital advertising markets.
• Network effects and lock-in as challenges for competition law in the IT industry.
• Legal remedies for anti-competitive practices in the energy sector.
• The dynamics of competition law in developing economies: Case studies from Africa, Asia, and Latin America.
• The implications of cross-border competition law enforcement in multinational operations.
• Consumer welfare and the debate over the goals of competition law.
• The regulation of joint ventures under competition law: A critical analysis.
• Vertical restraints and competition law: Balancing market efficiencies and anti-competitive concerns.
• The role of competition law in sports, media, and entertainment industries.
• Competition law and policy in the era of globalization: Protecting domestic industries while encouraging innovation.
• The future of competition law enforcement in a post-pandemic world.
• The effectiveness of competition law in curbing monopolistic practices in the telecom industry.
• Balancing national security interests and competition law.
• The role of whistle-blowers in competition law enforcement.
• Assessing the impact of public sector monopolies on competition law.
• Competition law as a tool for economic development in emerging markets.
• The challenges of proving intent in anti-competitive practices.
• The application of competition law to the agricultural sector and its impact on food security.
• Reform proposals for more effective competition law enforcement.
• The role of state aid and subsidies in competition law.
• Competition law implications of blockchain technology and cryptocurrencies.
• The balance between intellectual property rights and competition law.
• The use of machine learning algorithms in predicting and analyzing market competition.
• The evolving concept of constitutionalism in the digital age.
• Analysis of constitutional changes in response to global pandemics.
• The role of the judiciary in upholding constitutional rights in times of political turmoil.
• Comparative study of free speech protections under different constitutional regimes.
• The impact of migration crises on constitutional law frameworks in the EU.
• Gender equality and constitutional law: Examining legal reforms across the globe.
• The constitutional implications of Brexit for the United Kingdom.
• Federalism and the balance of power: Lessons from the United States Constitution.
• The enforceability of social and economic rights under constitutional law.
• The influence of international human rights treaties on national constitutional laws.
• The right to privacy in the era of mass surveillance: A constitutional perspective.
• The role of constitutions in managing ethnic and religious diversity.
• Constitutional law and the challenge of climate change.
• The legality of emergency powers under constitutional law in various countries.
• The impact of artificial intelligence on constitutional rights and liberties.
• Same-sex marriage and constitutional law: A comparative analysis.
• The constitutionality of the death penalty in the 21st century.
• Age and constitutional law: The rights and protections afforded to the elderly.
• Constitutional reforms and the evolution of democratic governance in Africa.
• The role of the constitution in combating corruption within government institutions.
• Gun control and constitutional rights: A critical analysis.
• The balance between national security and individual freedoms in constitutional law.
• The effectiveness of constitutional courts in protecting minority rights.
• The constitution as a living document: Interpretation and change in judicial review.
• Assessing the constitutional frameworks for federal and unitary states.
• The impact of populism on constitutional democracy.
• Constitutional law in the face of technological advancements: Regulation and rights.
• The role of constitutional amendments in shaping political stability.
• Analyzing the separation of powers in newly formed governments.
• Indigenous rights and constitutional law: Case studies from North America and Australasia.
• Constitutional law and public health: Legal responses to health emergencies.
• The constitutionality of affirmative action policies in education and employment.
• Political party bans and democracy: A constitutional analysis.
• The role of the constitution in economic policy and regulation.
• Constitutional challenges to the regulation of cryptocurrencies and blockchain technologies.
• The implications of judicial activism for constitutional law.
• The constitution and the right to a clean and healthy environment.
• The intersection of constitutional law and international diplomacy.
• Protection of children’s rights within constitutional frameworks.
• The future of constitutional governance in virtual and augmented reality environments.
• The enforceability of electronic contracts in international commerce.
• The impact of AI on contract formation and enforcement.
• Comparative analysis of contract law remedies in different jurisdictions.
• The legal implications of smart contracts in blockchain technologies.
• The role of contract law in regulating freelance and gig economy work.
• The challenges of cross-border contract enforcement in the digital age.
• Contractual risk management in international construction projects.
• The doctrine of frustration in contract law: Contemporary issues and challenges.
• Consumer protection in online contracts: A critical analysis.
• The influence of cultural differences on international commercial contracts.
• Force majeure clauses in contracts during global crises, such as the COVID-19 pandemic.
• The evolution of contract law with technological advancements.
• Legal issues surrounding the termination of contracts: A comparative study.
• The role of contract law in sustainable development and environmental protection.
• Misrepresentation in contract law: A review of current legal standards.
• The legal status of verbal agreements in a digital world.
• Contractual obligations and rights in the sharing economy.
• The interplay between contract law and intellectual property rights.
• The effectiveness of liquidated damages clauses in commercial contracts.
• Unconscionability in contract law: Protecting the vulnerable party.
• The enforcement of non-compete clauses in employment contracts.
• The legality of automatic renewal clauses in consumer and business contracts.
• The impact of contract law on consumer rights in financial agreements.
• Standard form contracts and the imbalance of power between parties.
• The role of mediation in resolving contract disputes.
• Contract law in the sale of goods: The challenges of e-commerce.
• The future of contract law in regulating virtual and augmented reality transactions.
• The concept of ‘good faith’ in contract negotiation and execution.
• Legal implications of contract breaches in international trade.
• The application of contract law in healthcare service agreements.
• The enforceability of penalty clauses in different legal systems.
• Contract modifications: Legal implications of changing terms mid-agreement.
• The legal challenges of subscription-based contract models.
• Contract law and data protection: Obligations and liabilities.
• The impact of insolvency on contractual relationships.
• The regulation of crowdfunding agreements under contract law.
• Consumer contracts and the right to withdraw in the digital marketplace.
• Ethical considerations in contract law: Duties beyond the written document.
• The use of contract law in combating human rights violations.
• The effectiveness of international conventions in harmonizing contract law across borders.
• Corporate governance and its impact on shareholder activism.
• The role of corporate social responsibility in modern business practices.
• Legal strategies to combat corporate fraud and enhance transparency.
• Comparative analysis of corporate bankruptcy laws and their effectiveness.
• The influence of global corporate regulations on multinational mergers and acquisitions.
• The impact of environmental regulations on corporate operations and compliance.
• Legal challenges and opportunities in corporate restructuring processes.
• Corporate liability for human rights violations in international operations.
• The effectiveness of anti-money laundering laws in the corporate sector.
• The role of ethics in corporate law: How legal frameworks shape business morality.
• The impact of technology on corporate governance: Blockchain and beyond.
• Legal aspects of venture capital funding in startups and SMEs.
• Corporate law in the digital age: Challenges and opportunities for digital enterprises.
• The role of minority shareholders in influencing corporate decisions.
• Legal frameworks for corporate whistleblowing and the protection of whistleblowers.
• Corporate insolvency procedures: A comparative study of the US and EU frameworks.
• The evolution of corporate personhood and its legal implications.
• The role of stock exchanges in enforcing corporate law.
• Legal issues surrounding corporate espionage and competitive intelligence gathering.
• Comparative analysis of corporate governance codes across different jurisdictions.
• Legal frameworks for handling conflicts of interest in corporate boards.
• The regulation of corporate political contributions and lobbying activities.
• Corporate taxation laws and their impact on international business strategies.
• The regulation of joint ventures under corporate law: Balancing interests and sharing control.
• The challenges of maintaining corporate compliance in a global market.
• Corporate law and the protection of intellectual property rights.
• The effectiveness of corporate penalties in deterring corporate misconduct.
• Legal aspects of employee stock ownership plans (ESOPs).
• Corporate law implications for artificial intelligence integration in business practices.
• The legal challenges of managing cyber risk in corporate entities.
• Corporate law’s role in managing and disclosing financial risks.
• The impact of corporate law on the governance of nonprofit organizations.
• Legal responsibilities and liabilities of corporate directors and officers.
• The role of international treaties in shaping corporate law practices.
• Corporate law and its influence on strategic business alliances and partnerships.
• Legal aspects of sustainable investment in corporate decision-making.
• The regulation of private equity and hedge funds under corporate law.
• Legal challenges in corporate branding and marketing strategies.
• Corporate law considerations in the management of supply chains.
• The impact of corporate law on mergers and acquisitions in emerging markets.
• The impact of forensic science advancements on criminal law and procedure.
• Analyzing the effectiveness of rehabilitation programs in reducing recidivism rates.
• The role of mental health assessments in criminal sentencing.
• Legal challenges in prosecuting international cybercrimes.
• The evolution of laws against domestic violence and their enforcement.
• The effectiveness of death penalty deterrence: A critical analysis.
• Legal frameworks for combating human trafficking: Global perspectives.
• The influence of social media on criminal behavior and law enforcement.
• Racial disparities in criminal sentencing: Causes and legal remedies.
• The application of criminal law to acts of terrorism: Balancing security and civil liberties.
• Juvenile justice: Reforming the approach to underage offenders.
• The legal implications of wrongful convictions: Prevention and compensation.
• Drug policy reform: The shift from criminalization to harm reduction.
• The impact of body-worn cameras on policing and criminal justice.
• Legal and ethical considerations in the use of DNA evidence in criminal trials.
• The role of the insanity defense in criminal law: A comparative study.
• Legal strategies for addressing gang violence within urban communities.
• The criminalization of poverty and its impact on justice.
• Analyzing the effectiveness of sexual assault legislation.
• The role of public opinion in shaping criminal law reforms.
• Legal approaches to combating corruption and white-collar crime.
• The challenges of protecting victims’ rights in criminal proceedings.
• The impact of immigration laws on criminal justice practices.
• Ethical and legal issues in the use of undercover policing tactics.
• The effects of legalizing marijuana on criminal justice systems.
• The role of international cooperation in combating cross-border criminal activities.
• The use of restorative justice practices in criminal law systems.
• Challenges in the enforcement of wildlife protection laws.
• Legal issues surrounding the use of force by law enforcement.
• The implications of emerging technologies for criminal law and justice.
• Legal definitions of terrorism and their impact on law enforcement.
• The impact of social movements on criminal law reform.
• Addressing elder abuse through criminal statutes and protections.
• The role of forensic psychology in criminal investigations.
• Legal consequences of financial crimes in different jurisdictions.
• Challenges in prosecuting war crimes and genocide.
• The legal aspects of electronic monitoring and surveillance in criminal investigations.
• The implications of international extradition in criminal law.
• Addressing the challenges of witness protection programs.
• The intersection of criminal law and human rights in detention and interrogation.
• Legal frameworks for data protection and privacy in the digital age.
• The implications of the General Data Protection Regulation (GDPR) on global internet governance.
• Cybersecurity laws: National strategies and international cooperation.
• The legality of government surveillance programs under international cyber law.
• Intellectual property challenges in the era of digital media.
• Legal issues surrounding the use of artificial intelligence and machine learning.
• The enforcement of cybercrimes: Challenges and strategies.
• Rights and responsibilities of individuals and corporations under cyber law.
• Cyberbullying and online harassment: Legal remedies and limitations.
• The role of cyber law in managing online misinformation and fake news.
• Legal challenges in the regulation of cryptocurrencies and blockchain technology.
• The impact of cloud computing on privacy and data security legal frameworks.
• Legal aspects of e-commerce: Consumer protection online.
• The digital divide: Legal implications of unequal access to technology.
• Regulation of digital advertising and its implications for privacy.
• Jurisdictional issues in cyberspace: Determining liability in a borderless environment.
• Legal considerations for Internet of Things (IoT) devices in consumer and industrial applications.
• The role of anonymity in the internet: Balancing privacy and accountability.
• Cyber law and its impact on the creative industries: Copyright issues in digital content creation.
• Legal frameworks for combating online trade of illegal goods and services.
• The enforcement of digital rights management (DRM) technologies.
• Cyber law and online education: Intellectual property and privacy concerns.
• The regulation of social media platforms under cyber law.
• Legal remedies for victims of online identity theft.
• The implications of autonomous vehicles on cyber law.
• Legal strategies to address online child exploitation and protection.
• The impact of telemedicine on health law and cyber law.
• Challenges in enforcing online contracts and resolving disputes.
• Cyber law in the context of national security: Balancing civil liberties.
• Legal frameworks for software development and liability issues.
• The influence of international treaties on national cyber law policies.
• Legal aspects of cyber espionage and state-sponsored cyber attacks.
• Ethical hacking: Legal boundaries and implications.
• The regulation of online gaming: Consumer protection and cyber law.
• Cyber law and digital accessibility: Rights of differently-abled persons.
• Legal implications of biometric data processing in cyber law.
• The future of robotic automation and law: Ethical and legal considerations.
• The role of cyber law in the governance of digital health records.
• Managing online content: Legal issues around censorship and freedom of expression.
• Cyber law implications for digital banking and fintech.
• The effectiveness of international agreements in combating climate change.
• Legal strategies for biodiversity conservation in international and domestic contexts.
• The impact of environmental law on sustainable urban development.
• Comparative analysis of water rights and regulations across different jurisdictions.
• Legal mechanisms for controlling plastic pollution in marine environments.
• The role of environmental impact assessments in promoting sustainable projects.
• Legal and regulatory challenges of renewable energy implementation.
• The effectiveness of air quality laws in reducing urban smog.
• Environmental justice and its impact on marginalized communities.
• The role of the judiciary in shaping environmental policy.
• Corporate accountability for environmental degradation: Legal remedies.
• The regulation of genetically modified organisms (GMOs) and their environmental impact.
• Legal frameworks for the protection of endangered species and habitats.
• Climate refugees: Legal challenges and protections under international law.
• The intersection of environmental law and human rights.
• Challenges in enforcing environmental laws against multinational corporations.
• Legal aspects of carbon trading and emissions reduction schemes.
• The impact of agricultural practices on environmental law and policy.
• Mining and environmental degradation: Legal responses and remedies.
• The use of environmental law to combat deforestation.
• Legal issues related to energy storage and its environmental impacts.
• Regulatory challenges of nanotechnology and environmental health.
• Legal strategies for water management in drought-prone areas.
• The regulation of noise pollution in urban environments.
• The role of public participation in environmental decision-making.
• Legal frameworks for dealing with hazardous waste and its disposal.
• Environmental law as a tool for green building and construction practices.
• Legal challenges in protecting wetlands through environmental laws.
• The enforceability of international environmental law.
• The impact of environmental laws on traditional land use and indigenous rights.
• The role of local governments in environmental governance.
• Environmental law and the regulation of pesticides and chemicals.
• Legal responses to environmental disasters and recovery processes.
• The implications of deep-sea mining for environmental law.
• The role of environmental NGOs in shaping law and policy.
• Legal tools for the conservation of marine biodiversity.
• Challenges of integrating environmental concerns in corporate governance.
• Legal implications of artificial intelligence in environmental monitoring.
• The role of litigation in enforcing environmental norms and standards.
• Trends and challenges in the enforcement of transboundary environmental laws.
• The impact of EU law on national sovereignty of member states.
• Brexit and its legal implications for both the UK and EU.
• The effectiveness of the EU’s data protection regulation (GDPR) in a global context.
• The role of the European Court of Justice in shaping EU policies.
• Legal analysis of the EU’s Common Agricultural Policy (CAP) and its impacts.
• The EU’s approach to antitrust and competition law enforcement.
• Human rights protection under the EU Charter of Fundamental Rights.
• Legal challenges in the implementation of the EU’s Digital Single Market.
• The EU’s role in international trade: Legal frameworks and challenges.
• The influence of EU environmental law on member state legislation.
• Consumer protection laws in the EU and their effectiveness.
• Legal mechanisms of the EU banking union and capital markets union.
• The regulation of pharmaceuticals and healthcare within the EU.
• Migration and asylum laws in the EU: Challenges and responses.
• The role of lobbying in EU lawmaking processes.
• Legal aspects of the EU’s energy policy and its impact on sustainability.
• The enforcement of intellectual property rights within the EU.
• The EU’s legal framework for dealing with cyber security threats.
• Analysis of EU labor laws and their impact on worker mobility.
• Legal bases for EU sanctions and their impact on international relations.
• The EU’s legal strategies against terrorism and organized crime.
• The effectiveness of the EU’s regional development policies.
• Legal and ethical issues in AI regulation within the EU.
• The EU’s approach to regulating blockchain technology.
• The challenges of EU enlargement: Case studies of recent accession countries.
• The role of the EU in global environmental governance.
• The impact of EU laws on the rights of indigenous populations.
• Legal analysis of EU sports law and policy.
• The EU’s framework for consumer digital privacy and security.
• The regulation of biotechnology in agriculture within the EU.
• EU tax law and its implications for global corporations.
• The role of the European Ombudsman in ensuring administrative justice.
• The influence of EU copyright law on digital media and entertainment.
• Legal frameworks for public procurement in the EU.
• The impact of EU maritime law on international shipping and trade.
• EU chemical regulations: REACH and its global implications.
• Legal issues surrounding the EU’s external border control policies.
• The EU’s role in shaping international aviation law.
• The impact of EU law on public health policy and regulation.
• The future of the EU’s constitutional framework and its legal challenges.
• The impact of cultural diversity on family law practices.
• Legal challenges in the enforcement of international child custody agreements.
• The effectiveness of mediation in resolving family disputes.
• The evolution of child support laws in response to changing societal norms.
• Comparative analysis of divorce laws across different jurisdictions.
• Legal implications of surrogacy: Rights of the child, surrogate, and intended parents.
• The impact of social media on family relationships and legal proceedings.
• Legal rights of cohabiting couples: A comparative study.
• The role of family law in addressing domestic violence.
• The legal recognition of LGBTQ+ families in different countries.
• The effect of parental alienation on child custody decisions.
• Adoption laws and the challenges of cross-border adoption.
• Legal issues surrounding elder care and guardianship.
• The role of genetic testing in family law (paternity disputes, inheritance rights).
• The impact of immigration laws on family unification policies.
• The rights of children with disabilities in family law proceedings.
• The influence of religious beliefs on family law decisions.
• The legal challenges of blended families: Rights and responsibilities.
• The role of children’s rights in family law: Voice and protection.
• Legal frameworks for dealing with family assets and financial disputes.
• The impact of addiction (substance abuse, gambling) on family dynamics and legal outcomes.
• The enforcement of prenuptial agreements: A critical analysis.
• Legal responses to teenage pregnancy and parental responsibilities.
• The effect of military service on family law issues (divorce, custody).
• The challenges of maintaining privacy in family law cases.
• The impact of mental health on parental rights and child custody.
• The role of the state in family planning and reproductive rights.
• Comparative study of same-sex marriage laws before and after legalization.
• The evolution of father’s rights in family law.
• The legal complexities of artificial reproductive technologies.
• Family law and its role in preventing child marriages.
• The impact of economic downturns on family law issues (alimony, child support).
• Legal strategies for protecting domestic violence survivors through family law.
• The role of international conventions in shaping family law.
• Gender biases in family law: A critical analysis.
• The regulation of family law advertising and its ethical implications.
• The influence of international human rights law on family law.
• The challenges of transnational families in navigating family law.
• Legal and ethical issues in the involuntary sterilization of disabled individuals.
• The future of family law: Predicting changes in legislation and practice.
• The legal implications of telemedicine and remote healthcare services.
• Regulation and liability of artificial intelligence in healthcare.
• The impact of healthcare laws on patient privacy and data protection.
• Legal issues surrounding the right to die: Euthanasia and assisted suicide.
• The enforcement of mental health legislation and patient rights.
• Legal challenges in the regulation of pharmaceuticals and medical devices.
• The role of health law in managing infectious disease outbreaks, such as COVID-19.
• Ethical and legal considerations of genetic testing and genome editing.
• Comparative analysis of health insurance models and their legal implications.
• The impact of health law on underserved and marginalized populations.
• Legal aspects of medical malpractice and healthcare provider liability.
• The regulation of stem cell research and therapy.
• Legal frameworks for addressing obesity as a public health issue.
• The role of law in combating healthcare fraud and abuse.
• Ethical issues in the allocation of scarce medical resources.
• Legal challenges in child and adolescent health care consent.
• The influence of global health initiatives on national health law policies.
• Legal issues related to the development and use of biobanks.
• Health law and its impact on emergency medical response and preparedness.
• Legal and ethical challenges in the treatment of psychiatric patients.
• The rights of patients in clinical trials: Informed consent and beyond.
• The regulation of medical marijuana and its impact on healthcare systems.
• Health law’s role in addressing non-communicable diseases.
• Legal strategies to combat antimicrobial resistance.
• The legal implications of sports medicine and athlete care.
• The protection of vulnerable groups in healthcare settings.
• Legal frameworks governing organ donation and transplantation.
• The role of health law in reproductive rights and technologies.
• The impact of bioethics on health law policy and practice.
• Legal considerations of global health diplomacy and international health law.
• The regulation of alternative and complementary medicine.
• Legal challenges in providing healthcare in rural and remote areas.
• The impact of nutrition and food law on public health.
• Legal responses to aging populations and elder care.
• Health law and its impact on vaccination policies and enforcement.
• The legal implications of patient literacy and health education.
• Regulatory challenges in health information technology and mobile health apps.
• Legal and ethical issues in cosmetic and elective surgery.
• The role of whistleblowers in improving healthcare quality and safety.
• The legal implications of healthcare marketing and consumer protection.
• The impact of international human rights conventions on domestic laws.
• The role of the International Criminal Court in enforcing human rights standards.
• Legal remedies for victims of war crimes and genocide.
• The enforcement of human rights in areas of conflict and post-conflict societies.
• The legal implications of refugee and asylum seeker policies.
• The right to freedom of expression in the digital age.
• Human rights challenges in the context of global migration.
• Legal protections against discrimination based on gender, race, and sexuality.
• The impact of cultural practices on the enforcement of human rights.
• Legal frameworks for protecting children in armed conflicts.
• The role of non-governmental organizations in promoting and protecting human rights.
• Human rights and environmental law: the right to a healthy environment.
• The legal aspects of economic, social, and cultural rights.
• Protecting the rights of indigenous peoples: international and domestic approaches.
• Human rights implications of counter-terrorism laws and practices.
• The role of national human rights institutions in promoting human rights.
• Legal challenges in combating human trafficking and modern slavery.
• The rights of disabled individuals under international human rights law.
• Legal strategies to combat racial and ethnic profiling.
• The protection of human rights defenders in hostile environments.
• The impact of globalization on labor rights and working conditions.
• The role of the media in promoting human rights awareness and protection.
• Human rights law and its intersection with gender-based violence.
• The right to education and legal measures to enforce it.
• Legal responses to the crisis of statelessness.
• Human rights issues surrounding the management of natural disasters.
• The role of human rights law in regulating private military and security companies.
• The right to privacy in the surveillance era.
• Legal measures to address economic inequality and ensure human rights.
• The challenge of protecting human rights in authoritarian regimes.
• Human rights in medical law: issues of consent and autonomy.
• The right to food and water as fundamental human rights.
• Legal frameworks for the rights of the elderly in different countries.
• The role of human rights law in addressing issues of domestic violence.
• Human rights considerations in the development and enforcement of immigration laws.
• The impact of intellectual property laws on access to medicines.
• The enforcement of the rights of LGBT individuals globally.
• Human rights law and its application to internet governance.
• The legal rights of prisoners and the conditions of detention.
• The role of human rights in shaping international trade and investment policies.
• The impact of immigration laws on national security in various countries.
• Comparative analysis of asylum procedures across different jurisdictions.
• The role of immigration law in shaping multicultural societies.
• Legal challenges faced by refugees and asylum seekers during resettlement.
• The effectiveness of skilled migrant programs and their impact on the economy.
• Legal and ethical considerations in the detention of immigrants.
• The influence of international human rights law on national immigration policies.
• The impact of Brexit on immigration laws in the UK and the EU.
• The role of international agreements in managing migration crises.
• Legal strategies to combat human trafficking within the immigration system.
• The rights of undocumented immigrants and access to legal aid.
• The enforcement of immigration laws and the rights of migrant workers.
• The legal implications of family reunification policies.
• Analysis of deportation procedures and their compliance with international law.
• The effect of climate change on migration patterns and immigration law.
• Legal measures to protect immigrants against labor exploitation.
• The role of local governments in immigration enforcement.
• The legal aspects of border management technologies.
• Immigration law and its impact on education for immigrant children.
• The challenges of integrating immigrants into host societies legally.
• Comparative study of investor immigration programs.
• The effects of cultural bias in immigration law enforcement.
• Legal remedies for immigrants subjected to discrimination.
• The intersection of immigration law and public health policies.
• The legal consequences of overstaying visas on future immigration applications.
• The role of consulates and embassies in the immigration process.
• Legal frameworks for addressing statelessness in the context of immigration.
• Immigration law’s response to temporary protection statuses.
• The impact of international sports events on immigration laws and policies.
• The role of non-governmental organizations in shaping immigration law.
• The use of biometric data in immigration control.
• Legal perspectives on the economic impact of immigration.
• Challenges in protecting the rights of elderly immigrants.
• The influence of immigration on national identity and cultural policies.
• Legal implications of global demographic shifts on immigration policies.
• The regulation of international student visas and their impact on higher education.
• Legal challenges faced by immigrants in accessing healthcare services.
• The dynamics of urban immigration and legal integration strategies.
• Legal issues concerning expatriation and renunciation of citizenship.
• The future of immigration law in the face of global political changes.
• The impact of artificial intelligence on copyright and patent law.
• Comparative analysis of trademark laws in the digital age across different jurisdictions.
• The role of intellectual property rights in fostering or hindering innovation.
• Legal challenges in the protection of software under intellectual property law.
• The enforcement of intellectual property rights in online platforms.
• The balance between intellectual property rights and the public domain.
• The implications of 3D printing technologies on intellectual property rights.
• Intellectual property issues in the music industry: Streaming and digital rights.
• The effectiveness of international intellectual property treaties like WIPO and TRIPS.
• Intellectual property strategies for biotechnological inventions.
• The role of patents in the pharmaceutical industry and access to medicine.
• The impact of intellectual property rights on traditional knowledge and cultural expressions.
• Copyright law and its adaptability to new forms of media like virtual reality.
• The intersection of intellectual property law and competition law.
• Legal frameworks for managing intellectual property in joint ventures and collaborations.
• The role of intellectual property in the fashion industry and combating counterfeits.
• Trademark dilution: A comparative study between the U.S. and EU approaches.
• Legal challenges associated with celebrity rights and their management under IP law.
• Intellectual property rights and their impact on small and medium-sized enterprises.
• The protection of design rights in industrial models and drawings.
• Intellectual property and corporate governance: Policy, compliance, and enforcement.
• The challenges of enforcing intellectual property rights in the global south.
• The evolution of copyright law in protecting digital ebooks and publications.
• Intellectual property law in the advertising industry: Challenges and perspectives.
• Ethical considerations in intellectual property law.
• The role of intellectual property in the development of artificial organs and bioprinting.
• Challenges in patenting genetic material and the moral implications thereof.
• Intellectual property considerations in cross-border mergers and acquisitions.
• Intellectual property rights in the context of augmented reality technologies.
• The role of intellectual property in the semiconductor industry.
• The impact of open-source licensing on intellectual property law.
• Legal issues surrounding the protection of data and databases under intellectual property law.
• The role of intellectual property in sports marketing and merchandise.
• Intellectual property issues in cloud computing and data storage.
• Copyright disputes in the film industry: Case studies and legal insights.
• The protection of plant varieties and agricultural innovation under IP law.
• Intellectual property and its role in promoting or restricting access to educational materials.
• Trade secrets law: Comparative approaches and key challenges.
• The impact of geographical indications on local economies and protection strategies.
• Intellectual property law and its enforcement in the age of the internet of things.
• The effectiveness of the United Nations in resolving international disputes.
• The role of international law in governing the use of force by states.
• Legal frameworks for international cooperation in combating climate change.
• The implications of sovereignty and state responsibility in international law.
• The enforcement of international human rights law in conflict zones.
• Legal strategies for addressing international cybercrime and digital warfare.
• The regulation of international trade under the World Trade Organization (WTO).
• Legal challenges in the management of global migration and refugee crises.
• The impact of international sanctions on global diplomacy and law.
• The legal status and rights of stateless individuals under international law.
• The application of international law in the Antarctic and other common areas.
• The protection of cultural heritage in times of war under international law.
• The role of international courts and tribunals in enforcing maritime law.
• Comparative analysis of regional human rights mechanisms (e.g., European, African, American).
• The jurisdiction and reach of the International Criminal Court (ICC).
• The legal implications of territorial disputes on international relations.
• The influence of international law on national legislation regarding environmental protection.
• The legal treatment of indigenous peoples’ rights at the international level.
• The development of international norms for corporate social responsibility.
• Legal and ethical considerations in international medical research and healthcare.
• The regulation of international finance and its impact on economic development.
• The challenges of enforcing intellectual property rights at the international level.
• The legal frameworks governing the use and regulation of drones in international airspace.
• The impact of bilateral and multilateral treaties on domestic legal systems.
• International legal standards for the treatment of prisoners and detainees.
• The role of diplomatic immunity in contemporary international law.
• Legal issues surrounding international sports events and the governance of international sports bodies.
• The use of international law in combating terrorism and protecting national security.
• Legal measures against international trafficking of drugs, arms, and human beings.
• The role of non-state actors in international law (NGOs, multinational corporations, etc.).
• Legal considerations in the preservation of biodiversity under international conventions.
• The international legal ramifications of artificial islands and reclaimed territories.
• The dynamics of negotiation and implementation of international peace treaties.
• The intersection of international law and global public health policies.
• The legal challenges in regulating outer space activities and celestial bodies.
• The enforcement of international labor standards and their impact on global trade.
• Legal implications of global electronic surveillance by states.
• The regulation of international nuclear energy and nuclear weapons.
• The role of international law in addressing issues of global poverty and inequality.
• The future of international law in a multipolar world order.
• The impact of globalization on labor rights and standards.
• Legal challenges and protections for gig economy workers.
• Comparative analysis of minimum wage laws across different jurisdictions.
• The role of trade unions in modern labor markets.
• Legal frameworks governing telecommuting and remote work arrangements.
• Enforcement of anti-discrimination laws in the workplace.
• The impact of artificial intelligence and automation on labor laws.
• Legal protections for migrant workers in host countries.
• The effectiveness of occupational safety and health regulations.
• The role of labor law in managing economic crises and labor market shocks.
• Gender equality in the workplace: Assessing legal approaches.
• The regulation of child labor in developing economies.
• Legal implications of employee surveillance practices.
• Rights and legal protections for part-time, temporary, and seasonal workers.
• Collective bargaining challenges in the public sector.
• The legal status of unpaid internships and volunteer work.
• Legal responses to workplace bullying and psychological harassment.
• The enforceability of non-compete clauses in employment contracts.
• Legal issues related to employee benefits and pensions.
• The impact of labor laws on small businesses and startups.
• Labor rights in the informal economy.
• Legal strategies for conflict resolution in labor disputes.
• The influence of international labor standards on national laws.
• The role of labor law in promoting sustainable employment practices.
• The effectiveness of mediation and arbitration in labor disputes.
• Legal protections against wrongful termination.
• The challenges of enforcing fair labor practices across multinational corporations.
• The rights of disabled workers under labor law.
• Labor law and its adaptation to the changing nature of work.
• The regulation of labor in industries with high risk of exploitation (e.g., textiles, mining).
• The impact of labor law on industrial relations in the healthcare sector.
• Legal aspects of wage theft and its enforcement.
• Labor laws related to shift work and overtime regulations.
• The legal consequences of labor strikes and lockouts.
• Employee privacy rights versus employer’s right to monitor.
• The role of labor law in economic development and poverty reduction.
• Legal frameworks for employee representation in corporate governance.
• The challenges of labor law compliance in the retail sector.
• Labor law issues in the entertainment and sports industries.
• Future trends in labor law: Anticipating changes in legislation and workplace norms.
• The ethical implications of attorney-client confidentiality.
• Ethical challenges in pro bono legal work.
• The role of personal morality in legal judgments.
• Ethical dilemmas faced by defense attorneys in criminal cases.
• The influence of ethics on legal decision-making processes.
• Conflicts of interest in legal practice: Identification and management.
• Ethical considerations in legal advertising and client solicitation.
• The impact of technology on ethical practices in law.
• Ethical issues in the representation of minors and incapacitated clients.
• The enforcement of ethical standards in the judiciary.
• Ethical challenges in corporate legal departments.
• The ethics of legal outsourcing and the use of non-lawyers.
• Ethical considerations in mediation and alternative dispute resolution.
• The implications of ethical misconduct on legal careers.
• The duty of lawyers to the court vs. client loyalty.
• Ethical issues in cross-border legal practices.
• The responsibility of lawyers in preventing money laundering.
• The ethical dimensions of legal education and training.
• The balance between justice and efficiency in legal ethics.
• Ethical considerations in the use of artificial intelligence in law.
• The ethics of plea bargaining and its impact on justice.
• Ethical issues in the management of legal trusts and estates.
• The role of ethics in environmental law.
• Professional responsibility in managing legal errors and omissions.
• Ethical dilemmas in bankruptcy law.
• The impact of personal ethics on public interest law.
• Ethical considerations in the competitive practices of law firms.
• Ethics in legal research: Ensuring accuracy and integrity.
• The moral obligations of lawyers in promoting human rights.
• The ethics of lawyer activism in political and social movements.
• Challenges of maintaining ethical standards in high-pressure legal environments.
• Ethical issues in the intersection of law and politics.
• The professional ethics of tax lawyers.
• Ethical challenges in the prosecution of complex financial crimes.
• The ethical dimensions of elder law and representation of the elderly.
• The role of moral philosophy in legal ethics curricula.
• Ethical considerations in capital punishment cases.
• Lawyers’ ethical responsibilities in handling classified information.
• The impact of ethical lapses in corporate scandals.
• Future directions in legal ethics: Preparing lawyers for emerging moral challenges.
• The legal frameworks governing international maritime boundaries.
• Liability issues in the event of oil spills and maritime environmental disasters.
• The regulation of piracy under international maritime law.
• Legal challenges in the Arctic maritime routes and territorial claims.
• The effectiveness of maritime safety regulations in preventing accidents at sea.
• Legal aspects of maritime insurance: Coverage, claims, and disputes.
• The role of the International Maritime Organization (IMO) in global shipping regulations.
• Arbitration and dispute resolution in international maritime contracts.
• Legal implications of autonomous ships on international maritime law.
• The enforcement of maritime security measures against terrorism.
• Ship registration and flag state responsibilities under international law.
• The impact of climate change on maritime boundaries and fishing rights.
• Legal strategies for combating illegal, unreported, and unregulated (IUU) fishing.
• Maritime lien and ship arrest procedures across different jurisdictions.
• The regulation of crew rights and labor conditions aboard international vessels.
• Comparative analysis of salvage law and the law of finds.
• Legal issues surrounding the abandonment of ships.
• Port state control and its impact on international shipping.
• The rights and legal protection of seafarers under international maritime law.
• The application of maritime law to underwater cultural heritage.
• The challenges of enforcing maritime law in high seas governance.
• Legal frameworks for the management of maritime natural resources.
• Collision regulations and legal liability at sea.
• The impact of technology on maritime law: Satellite and GPS issues.
• The legalities involved in the financing and construction of vessels.
• Legal issues related to maritime transport of hazardous and noxious substances.
• The role of maritime law in the global supply chain and logistics.
• Legal implications of maritime blockades during armed conflict.
• The interface between maritime law and marine biodiversity conservation.
• The legality of maritime security operations by private companies.
• Insurance law as applicable to maritime piracy and armed robbery.
• The regulation of the international cruise industry under maritime law.
• Challenges in maritime jurisdiction: Enforcement and compliance issues.
• Legal aspects of maritime cybersecurity threats and data protection.
• The impact of maritime law on the offshore oil and gas industry.
• Legal issues in maritime search and rescue operations.
• The role of national courts in maritime law enforcement.
• Trends in maritime law: Emerging issues and future directions.
• Maritime law and its adaptation to the shipping of liquefied natural gas (LNG).
• The influence of maritime law on international maritime education and training.
• Legal challenges posed by digital media platforms to traditional copyright laws.
• The impact of social media on privacy rights and legal implications.
• Regulation of fake news and misinformation: Legal frameworks and effectiveness.
• Legal aspects of media censorship in authoritarian regimes.
• The role of media law in protecting journalistic sources and whistleblowers.
• Copyright infringement in the digital age: Streaming services and legal responses.
• Legal standards for advertising and marketing in digital and traditional media.
• The influence of media law on freedom of expression and public discourse.
• The right to be forgotten in the age of the internet: Legal and ethical considerations.
• Defamation law in the digital era: Challenges and new developments.
• Legal responses to cyberbullying and online harassment through media platforms.
• Intellectual property rights in the creation and distribution of digital content.
• Legal issues surrounding user-generated content on online platforms.
• The role of the Federal Communications Commission (FCC) in regulating broadcast media.
• Legal frameworks for handling sensitive content: Violence, sexuality, and hate speech.
• The regulation of political advertising and its impact on elections.
• The legal implications of artificial intelligence in content creation.
• Data protection laws and their enforcement on media platforms.
• The balance between national security and press freedom.
• Legal strategies for combating deepfake technology and its implications.
• Media ownership laws and their impact on media diversity and pluralism.
• The enforcement of media ethics and law in the age of global digital platforms.
• Legal challenges in cross-border media operations and jurisdictional issues.
• The role of legal frameworks in managing public relations crises.
• The impact of telecommunications law on media dissemination and access.
• Legal considerations for media mergers and acquisitions.
• Regulation of satellite and cable TV in the digital landscape.
• Legal issues related to podcasting and other emerging media formats.
• The protection of minors in media consumption: Legal frameworks and challenges.
• The legal ramifications of media during public health emergencies.
• Accessibility laws related to media content for persons with disabilities.
• The role of the law in combating racial and gender stereotypes in media.
• Media law and consumer protection: Misleading advertisements and consumer rights.
• The impact of GDPR and other privacy regulations on media operations in Europe.
• The legal implications of virtual and augmented reality technologies in media.
• Legal disputes involving music licensing and rights management.
• The challenges of regulating live streaming services under existing media laws.
• Legal issues surrounding the archiving of digital media content.
• The intersection of media law and sports broadcasting rights.
• Future trends in media law: Preparing for new challenges in media and communication technologies.
• Comparative analysis of property rights and land tenure systems across different cultures.
• The impact of eminent domain on property rights and fair compensation.
• Legal challenges in the administration of estates and trusts.
• Intellectual property rights in the digital age: Balancing creators’ rights and public access.
• The role of property law in environmental conservation.
• Legal frameworks governing the leasing and renting of property.
• The evolution of property rights in response to urbanization.
• Property disputes and their resolution: Case studies from land courts.
• The effect of zoning laws on property development and urban planning.
• Legal aspects of real estate transactions and the role of property lawyers.
• Property law and its impact on economic development in emerging markets.
• Legal challenges of property ownership in communal and indigenous lands.
• The influence of property law on agricultural practices and rural development.
• Legal responses to squatting and adverse possession.
• Property rights in marital and family law contexts.
• The implications of blockchain technology on property transactions and record keeping.
• Legal and ethical considerations in the foreclosure process.
• Water rights and property law: Managing conflicts and ensuring sustainability.
• The impact of natural disasters on property law and homeowner rights.
• Property rights and the challenges of gentrification in urban areas.
• Legal considerations in the conversion of property for commercial use.
• The implications of property law for renewable energy projects (e.g., wind farms, solar panels).
• Historical perspectives on property law and their modern-day relevance.
• The regulation of property within gated communities and homeowners associations.
• Legal issues related to the inheritance of digital assets.
• The role of property law in resolving boundary disputes.
• Property law and the regulation of timeshares and vacation ownership.
• The intersection of property law and bankruptcy proceedings.
• Legal frameworks for managing property during divorce or separation.
• Property rights and the management of shared or common resources.
• Legal challenges in property transactions involving foreign investors.
• Property law in the context of historic preservation and cultural heritage.
• Regulatory issues surrounding the development of commercial properties.
• The role of property law in the sharing economy (e.g., Airbnb, Uber).
• Legal issues in property development and construction.
• The impact of tax law on property ownership and transfer.
• Property law and its implications for homelessness and affordable housing.
• Legal approaches to combating land degradation and promoting sustainable use.
• The role of artificial intelligence and technology in property law enforcement.
• Future trends in property law: Predicting changes and legal needs.
• The role of international law in managing global pandemics and health emergencies.
• Legal frameworks governing the use of force and intervention by states.
• The effectiveness of international sanctions as a tool of diplomacy.
• The implications of sovereignty in the digital age for international law.
• The enforcement mechanisms of international human rights law.
• The legal challenges of climate change negotiations and treaty implementation.
• The jurisdiction and effectiveness of the International Criminal Court (ICC).
• The role of international law in governing outer space activities.
• Legal issues related to the protection of refugees and stateless persons.
• The development and enforcement of international environmental law.
• The impact of international law on maritime disputes and ocean governance.
• The legal basis and implications of unilateral declarations of independence.
• Legal strategies to combat international terrorism within the framework of public international law.
• The role of soft law in international relations and its legal significance.
• International legal aspects of economic sanctions and their impact on trade.
• The resolution of territorial disputes through international courts and tribunals.
• The regulation of armed conflict and the laws of war.
• International law and the regulation of cyberspace and cybersecurity.
• The legal challenges and implications of artificial intelligence on international norms.
• The enforcement of international anti-corruption measures.
• The role of international organizations in global governance.
• Legal issues surrounding the management of international waters.
• The impact of cultural heritage protection under international law.
• International legal standards for labor and their enforcement.
• The relationship between international law and indigenous rights.
• The influence of global financial regulations on international law.
• The compatibility of regional trade agreements with the World Trade Organization (WTO) law.
• Legal protections for investors under international investment agreements.
• International law and its role in addressing global inequality.
• The legal challenges of managing international migration.
• The application of international law in diplomatic relations.
• International legal considerations in the disposal of hazardous wastes.
• The role of public international law in combating human trafficking.
• Legal frameworks for international cooperation in disaster relief and emergency response.
• International law and the challenges of sustainable development.
• The regulation of non-governmental organizations (NGOs) under international law.
• Legal issues surrounding global telecommunications regulations.
• International law and the use of drones in warfare and surveillance.
• The implications of emerging technologies on arms control agreements.
• The future of public international law in a multipolar world.
• Legal implications of doping in sports: An international perspective.
• The enforceability of sports contracts: Analysis of player agreements.
• Intellectual property rights in sports: Branding, trademarks, and image rights.
• Legal aspects of sports broadcasting rights in the digital age.
• The role of arbitration in resolving sports disputes.
• Gender equality in sports: Legal challenges and advancements.
• Legal issues surrounding the organization of international sporting events.
• Sports governance: The impact of legal structures on global sports bodies.
• The application of labor laws to professional athletes and sports leagues.
• The protection of minors in professional sports.
• Anti-discrimination laws and their enforcement in sports.
• Legal considerations in the commercialization of sports.
• Sports injury and liability: The role of law in protecting athletes.
• Ethical and legal considerations in sports betting and gambling.
• The implications of technological advancements on sports law (e.g., VAR, goal-line technology).
• Contract negotiation and dispute resolution in sports.
• The impact of COVID-19 on sports contracts and legal liabilities.
• Legal issues in e-sports: Regulation and recognition.
• Ownership rights and financial regulations in sports clubs.
• Privacy laws and their application to athletes’ personal data.
• The legal framework for anti-doping regulations across different sports.
• The role of sports agents: Legal responsibilities and ethical considerations.
• Disability sports and legal challenges in inclusivity.
• Sports tourism and the law: Legal issues in hosting international events.
• Legal challenges in sports marketing and sponsorship agreements.
• The regulation of sports medicine and legal liabilities.
• The role of national courts in sports law.
• Safeguarding child athletes: Legal obligations and policies.
• The legality of sanctions in sports: Case studies from football and athletics.
• The intersection of sports law and human rights.
• Sports law in collegiate athletics: Compliance and regulation.
• The regulation of violent conduct in sports.
• Legal issues surrounding the use of performance-enhancing technology.
• Sports, media rights, and freedom of expression.
• Legal challenges in managing sports facilities and event safety.
• The impact of sports law on international relations.
• Sports law and the challenge of match-fixing.
• The role of international sports law in the Olympic Movement.
• The governance of water sports and maritime law intersections.
• Future trends in sports law: Emerging issues and legal needs.
• Comparative analysis of international tax treaties and their impact on global trade.
• The legality of digital taxation and its implications for multinational corporations.
• Legal challenges in implementing a global minimum tax for corporations.
• The role of tax law in economic development and foreign direct investment.
• Tax evasion and avoidance: Legal frameworks and enforcement mechanisms.
• The impact of tax incentives on renewable energy investments.
• Estate and inheritance tax laws: A comparative study.
• The effectiveness of VAT systems in developing economies.
• Legal issues surrounding tax havens and offshore financial centers.
• The application of tax laws to cryptocurrencies and blockchain technology.
• The role of taxation in public health policy (e.g., taxes on sugary drinks, tobacco).
• Taxation of the gig economy: Challenges and policy options.
• Legal frameworks governing charitable giving and tax deductions.
• The implications of property tax laws on urban development.
• Transfer pricing regulations and their impact on international business operations.
• The enforcement of sales taxes in the e-commerce sector.
• Tax compliance burdens for small and medium-sized enterprises.
• The legal aspects of tax reforms and policy changes.
• Taxation and privacy: Legal issues in the collection and sharing of taxpayer information.
• Comparative analysis of capital gains tax regulations.
• The role of artificial intelligence in tax administration and compliance.
• The legal challenges of implementing environmental taxes.
• Tax disputes and litigation: Strategies and outcomes.
• The regulation and taxation of financial derivatives.
• Tax law and its impact on charitable organizations and non-profits.
• The interplay between tax law and bankruptcy law.
• Legal strategies used by states to combat tax avoidance and profit shifting.
• The influence of tax policy on housing markets.
• Legal implications of tax credits for family and dependents.
• Taxation of expatriates and non-resident citizens.
• The constitutionality of tax laws and challenges in the courts.
• Tax law as a tool for social equity and redistribution.
• The impact of tax laws on consumer behavior.
• Taxation in the digital media and entertainment industries.
• The role of tax law in regulating pensions and retirement savings.
• Tax policy and its effect on agricultural practices and land use.
• The challenges of harmonizing state and federal tax laws.
• Tax law and the regulation of the sports industry.
• The taxation of international shipping and maritime activities.
• Future trends in tax law: Anticipating changes in global tax policies.

We hope this extensive collection of law thesis topics sparks your intellectual curiosity and aids in pinpointing a subject that resonates with your academic interests and career aspirations. Each topic presented here has been chosen to challenge your understanding and to encourage a deeper exploration of the legal landscape. As you prepare to embark on your thesis journey, consider these topics not just as mere titles, but as gateways to developing a nuanced understanding of the law in various contexts. Utilize this resource to craft a thesis that not only fulfills your academic requirements but also contributes meaningfully to the discourse in your chosen area of law.

The Range of Law Thesis Topics

Exploring the vast expanse of law thesis topics provides a unique opportunity for law students to delve into specific legal issues, refine their understanding, and contribute to the ongoing development of legal scholarship. As students embark on this crucial phase of their academic journey, selecting the right thesis topic is essential. This article aims to illuminate the range of potential law thesis topics, highlighting current issues, recent trends, and future directions. By examining these topics, students can better understand the legal landscape’s complexities and identify areas where they can make a significant academic impact.

Current Issues in Law

As we navigate through the complexities of contemporary society, numerous current issues in law emerge that are critical for law students to explore in their theses. These topics not only reflect ongoing legal challenges but also set the stage for developing effective solutions that uphold justice and societal norms. Delving into these law thesis topics allows students to engage with live issues that impact various facets of the legal system, from privacy laws and civil rights to corporate governance and environmental regulations.

• Privacy and Data Protection: In today’s digital age, the issue of privacy and data protection has come to the forefront. With the proliferation of digital data, the legal frameworks designed to protect personal information are constantly tested. Law students could explore the adequacy of existing laws like the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States, considering the rapid advancements in technology and the increasing global nature of data processing.
• Civil Rights in the Modern Era: As societies evolve, so too do their understandings and implementations of civil rights. Current legal discussions often focus on issues such as police brutality, LGBTQ+ rights, and the protections afforded to individuals under new healthcare regulations. Thesis topics may examine how legal responses are adapting in light of these challenges, particularly in terms of legislative and judicial actions intended to protect marginalized groups.
• Corporate Compliance and Governance: With the global economy becoming more interconnected, the importance of corporate compliance and governance has been magnified. Law thesis topics could investigate how businesses are expected to operate ethically while maximizing shareholder value, especially in industries that have significant impacts on the environment or human rights. Additionally, the legal liabilities of corporate officers and directors for breaches of fiduciary duties remain a hot topic in legal research.
• Environmental Law and Climate Change: Environmental law continues to be a pressing area of legal concern as the effects of climate change become more evident. Law students can explore topics related to the enforcement of environmental regulations, the role of international treaties in combating global warming, and the legal responsibilities of nations and corporations in ensuring sustainability. The recent shifts towards renewable energy sources and their legal implications offer a rich field for exploration.
• Immigration Law: Immigration law remains at the forefront of political and legal debates in many countries. Thesis topics could address the legality of border enforcement practices, the rights of refugees and asylum seekers, and the impact of new immigration policies on families and communities. Additionally, the intersection of immigration law with human rights provides a compelling area for legal research and discussion.
• Intellectual Property in the Innovation Economy: As innovation drives economic growth, intellectual property (IP) law plays a crucial role in protecting inventions, brands, and creative works. However, the tension between IP protection and the public interest, particularly in the pharmaceutical industry and technology sector, presents a complex scenario for legal analysis. Law students might explore the balance between encouraging innovation through patents and copyrights and ensuring public access to essential medicines and technologies.

Each of these areas presents unique challenges and opportunities for law students to contribute to their fields through rigorous analysis and innovative thinking. Addressing these current issues in law not only enhances their academic portfolio but also prepares them to enter the legal profession with a comprehensive understanding of the issues at the forefront of legal practice today. By focusing on these law thesis topics, students can position themselves at the cutting edge of legal research and development.

Recent Trends in Law

The dynamic nature of legal systems worldwide ensures that the landscape of law is perpetually evolving. Recent trends in law have been shaped by technological advancements, societal shifts, and global events that have prompted significant legal developments and debates. These trends provide fertile ground for law thesis topics, offering students a chance to explore the cutting-edge issues that are shaping modern legal doctrines and practices.

• Technology and Law: One of the most pervasive influences on recent legal trends is technology. From the rise of fintech and blockchain technology affecting financial regulations to the challenges posed by artificial intelligence in privacy and intellectual property law, technology is reshaping legal boundaries. Law students could examine topics such as the regulation of autonomous vehicles, legal responses to cybersecurity threats, or the implications of AI in criminal justice systems, including predictive policing and decision-making algorithms.
• Global Health and Law: The COVID-19 pandemic has highlighted the critical role of health law on a global scale. Recent legal trends have focused on public health law’s response to pandemics, including emergency powers, vaccination mandates, and quarantine measures. Thesis topics might analyze the balance between individual rights and public health safety, the legal implications of global vaccine distribution, or the role of the World Health Organization in shaping international health regulations.
• International Trade and Law: Recent shifts in international trade agreements and policies, such as Brexit and changes in the United States’ trade policies, have significant legal implications. Law students have the opportunity to delve into issues surrounding trade negotiations, tariffs, and the role of international bodies like the World Trade Organization in mediating global trade disputes. Additionally, the rise of protectionist policies and their legal ramifications offers a rich area for scholarly investigation.
• Social Justice and Law: Recent years have seen a marked increase in legal initiatives focused on social justice, including movements towards criminal justice reform, police accountability, and the decriminalization of certain activities. Law thesis topics could explore the legal frameworks surrounding prison reform, the abolition of cash bail systems, or the legalization of cannabis and its social, economic, and legal impacts.
• Environmental and Energy Law: With the urgent need for environmental sustainability, recent legal trends have increasingly focused on environmental and energy law. Topics for exploration include the transition to renewable energy sources, legal strategies for reducing carbon footprints, and the enforcement of international environmental agreements like the Paris Accord. Law students could also investigate the legal aspects of green technology patents and their role in promoting eco-friendly innovations.
• Corporate Responsibility and Ethics: There is a growing trend towards ensuring that corporations operate more transparently and ethically, particularly in relation to environmental, social, and governance (ESG) criteria. This shift has led to new regulations and legal standards, offering thesis topics on corporate governance reforms, the legal liabilities of ignoring climate change impacts, and the integration of corporate social responsibility into business operations.

These recent trends in law reflect a world where legal systems are rapidly adapting to external changes and internal pressures. For law students, engaging with these law thesis topics not only provides an opportunity to contribute to scholarly discourse but also to influence future legal practices and policies. As these trends continue to evolve, they will undoubtedly shape the legal landscape for years to come, providing ongoing opportunities for impactful legal research.

Future Directions in Law

The legal landscape is continually evolving, driven by shifts in technology, societal norms, and global dynamics. Identifying and understanding future directions in law is crucial for law students as they consider thesis topics that not only address current legal challenges but also anticipate upcoming legal trends. This exploration provides insights into potential legal reforms, the emergence of new legal fields, and the adaptation of law to future societal needs.

• The Expansion of Cyber Law: As digital technology becomes even more integrated into daily life, the future of law will increasingly hinge on addressing cyber-related issues. Future law thesis topics might explore regulations for the Internet of Things (IoT), legal responses to virtual realities, and the implications of quantum computing on data security and encryption. Additionally, the legalities of digital personhood and AI’s rights and responsibilities will challenge traditional legal frameworks and require innovative legal thinking.
• Climate Change Legislation: Climate change continues to be an urgent global issue, necessitating robust legal frameworks that promote environmental sustainability and mitigate harm. Future legal scholars might focus on international climate agreements, the development of national laws that enforce global climate goals, and the legal responsibilities of countries and corporations in reducing their carbon footprint. The role of law in promoting green technologies and sustainable urban planning will also be critical areas for research.
• Global Legal Cooperation: In an interconnected world, the future of law lies in global cooperation, particularly in areas like human rights, international trade, and public health. Law students could examine the potential for new international treaties, the evolution of supranational legal institutions, and the ways legal systems can work together to address issues such as migration, pandemics, and international crime.
• Legal Implications of Biotechnology: As biotechnological advancements continue, so too will their legal implications. Future thesis topics may include the regulation of genetic editing techniques, bioethics, bioprinting of human organs, and the patenting of biotechnological inventions. The balance between innovation and ethical considerations will be a significant focus, as will the protection of genetic data.
• Reforming Justice Systems: There is an ongoing need for justice system reform, particularly concerning equity, efficiency, and accessibility. Future directions in law could involve examining alternative dispute resolution mechanisms, the decriminalization of certain offenses, and reforms in sentencing practices. Additionally, the adoption of technology in the justice system, such as virtual courtrooms and AI in legal decision-making, presents both opportunities and challenges.
• The Future of Labor Law: The nature of work and the workplace is changing rapidly, prompted by technology and evolving business models. Future law thesis topics might include the legal status and rights of gig economy workers, the use of AI in workplace management, and the implications of remote work for labor law. Legal scholars will need to consider how labor laws can adapt to continue protecting workers’ rights in this new landscape.
• Protecting Rights in a Digital World: As personal and societal activities increasingly move online, protecting individual rights becomes more complex and essential. Future legal research could focus on digital identity, the right to digital privacy, and freedom of expression online. Legal frameworks will need to evolve to protect these rights adequately while balancing them against national security concerns and societal norms.

These future directions in law offer a glimpse into the potential challenges and areas of growth for the legal profession. For law students, engaging with these topics not only helps push the boundaries of current legal thought but also prepares them to play an active role in shaping the future of the legal landscape.

The exploration of law thesis topics is more than an academic requirement; it’s a chance to engage deeply with the legal issues that shape our society and influence our daily lives. As we have seen, the scope of potential topics spans from traditional legal analyses to emerging legal challenges brought about by technological and social changes. Whether addressing longstanding issues or anticipating future legal shifts, students equipped with the right thesis topic can contribute meaningfully to the discourse within their chosen field. Encouragingly, the breadth of law thesis topics offers endless possibilities for investigation and innovation, promising a rich tapestry of legal knowledge that will evolve with the changing world.

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Law Library

Writing Academic Papers for Law School

• Substantial Writing Requirement
• How to Find and Narrow Your Topic
• Researching for Your Paper
• Other Support for Substantial Writing

The thesis of your substantial writing paper must meet several requirements:

• It must be original
• It must take a position, advance an argument, or propose a solution
• It must be concrete, identifiable, and manageable
• It must be novel, useful, nonobvious, and sound

Your approach to the topic may be descriptive, prescriptive, or both.

You should also do a preemption check on your thesis, which means you make sure no one else has argued your exact same thesis/argument. You research the key terms of your thesis to make sure that no scholarly work comes up in your list of results with the same thesis.

Types of Theses

Most law review theses fit into three main categories: proposing a solution to a legal problem, bringing an interdisciplinary idea into the law, and comparing two or more legal ideas.

Common Arguments

A law review thesis will usually engage in one or more common types of arguments. These may include:

• an argument from precedent,
• an interpretive argument,
• a normative argument, or
• an institutional argument.

For more information about these types of arguments, see Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students 37-38 (5th ed. 2017).

Solution Theses

There are a few helpful ways to think about generating a solution as your thesis.

• This type of thesis might transfer a solution from one area to a new area.
• It might re-categorize claims and facts that have been made elsewhere.
• It might challenge assumptions about an area of law.
• It might extend or modify an existing theory or doctrine.
• It might borrow distinct legal principles to respond to new events.
• It might use analogy and metaphor.

For more information, see Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students 55-56 (5th ed. 2017).

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Legal Dissertation: Research and Writing Guide

About this guide, video on choosing a topic, tools on westlaw, lexis and bloomberg, circuit splits, research methodologies, additional methodology resources, conducting a literature review, beginning research, writing style guides, citation guides, ask a librarian.

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About This Page

Choosing a topic can be one of the most challenging aspects of writing an extensive paper. This page has resources to help you find topics and inspiration, before you get started on the in-depth research process.

Related Guides

Citation and Writing Resources

Legal Research Tutorials

Secondary Sources for Legal Research

Methods of Finding Cases

Methods of Finding Statutes

Current Awareness and Alerting Resources

Compiling State Legislative Histories

Locating International and Foreign Law Journals

This guide contains resources to help students researching and writing a legal dissertation or other upper-level writing project. Some of the resources in this guide are directed at researching and writing in general, not specifically on legal topics, but the strategies and tips can still be applied.

The Law Library maintains a number of other guides on related skills and topics that may be of interest:

The Wells Library also maintains guides. A few that may be helpful for managing research can be found here:

Choosing a Topic

This video discusses tips and strategies for choosing a dissertation topic.

Note: this video is not specific to legal dissertation topics, but it may still be of interest as an overview generally.

The Bloomberg/BNA publication United States Law Week can be a helpful resource for tracking down the major legal stories of the day.  Log into Bloomberg Law, in the big search box, start typing United States Law Week and the title will appear in the drop down menu beneath the box. This publication provides coverage of top legal news stories, and in-depth "insight" features.

If you have a general idea of the area of law you wish to write about, check out the Practice Centers on Bloomberg. From the homepage, click the Browse link in the top left-hand corner. Then select Practice Centers and look for your area of law. Practice Centers are helpful because they gather cases, statutes, administrative proceedings, news, and more on the selected legal area.

Bloomberg has other news sources available as well. From the homepage, click the Browse link in the top left-hand corner. Then select News and Analysis, then select News or Analysis, and browse the available topics.

If you know what area of law you'd like to write about, you may find the Browse Topics feature in Lexis Advance helpful for narrowing down your topic. 

Log into Lexis Advance, click the Browse Topics tab, and select a topic.  If you don't see your topic listed, try using the provided search bar to see whether your topic is categorized as a sub-topic within this list. 

Once you click on a topic, a box pops up with several options.  If you click on Get Topic Document, you'll see results listed in a number of categories, including Cases, Legislation, and more.  The News and Legal News categories at the right end of the list may help you identify current developments of interest for your note.  Don't forget about the filtering options on the left that will allow you to search within your results, narrow your jurisdiction, and more.

Similar to Lexis Advance, Westlaw Edge has a Topics tab that may be helpful if you know what area of law you'd like to write about.

Log onto Westlaw Edge, and click on the Topics tab.  This time, you won't be able to search within this list, so if you're area is not listed, you should either run a regular search from the main search bar at the top or try out some of the topics listed under this tab - once you click on a topic, you can search within its contents.

What is great about the Topics in Westlaw Edge is the Practitioner Insights page you access by clicking on a topic.  This is an information portal that allows you quick access to cases, legislation, top news, and more on your selected topic.

In United States federal courts, a circuit split occurs whenever two or more circuit courts of appeals issue conflicting rulings on the same legal question. Circuit splits are ripe for legal analysis and commentary because they present a situation in which federal law is being applied in different ways in different parts of the country, even if the underlying litigants themselves are otherwise similarly situated. The Supreme Court also frequently accepts cases on appeal that involve these types of conflicted rulings from various sister circuits.

To find a circuit split on a topic of interest to you, try searching on Lexis and Westlaw using this method:

in the search box, enter the following: (circuit or court w/s split) AND [insert terms or phrases to narrow the search]

You can also browse for circuit splits on Bloomberg. On the Bloomberg homepage, in the "Law School Success" box, Circuit Splits Charts appear listed under Secondary Sources.

Other sources for circuit splits are American Law Reports (ALR) and American Jurisprudence (AmJur). These publications provide summaries of the law, point out circuit splits, and provide references for further research.

"Blawgs" or law-related blogs are often written by scholars or practitioners in the legal field.  Ordinarily covering current events and developments in law, these posts can provide inspiration for note topics.  To help you find blawgs on a specific topic, consider perusing the ABA's Blawg Directory or Justia's Blawg Search .

Research Methodology

Types of research methodologies.

There are different types of research methodologies. Methodology refers to the strategy employed in conducting research. The following methodologies are some of the most commonly used in legal and social science research.

Doctrinal legal research methodology, also called "black letter" methodology, focuses on the letter of the law rather than the law in action. Using this method, a researcher composes a descriptive and detailed analysis of legal rules found in primary sources (cases, statutes, or regulations). The purpose of this method is to gather, organize, and describe the law; provide commentary on the sources used; then, identify and describe the underlying theme or system and how each source of law is connected.

Doctrinal methodology is good for areas of law that are largely black letter law, such as contract or property law. Under this approach, the researcher conducts a critical, qualitative analysis of legal materials to support a hypothesis. The researcher must identify specific legal rules, then discuss the legal meaning of the rule, its underlying principles, and decision-making under the rule (whether cases interpreting the rule fit together in a coherent system or not). The researcher must also identify ambiguities and criticisms of the law, and offer solutions. Sources of data in doctrinal research include the rule itself, cases generated under the rule, legislative history where applicable, and commentaries and literature on the rule.

This approach is beneficial by providing a solid structure for crafting a thesis, organizing the paper, and enabling a thorough definition and explanation of the rule. The drawbacks of this approach are that it may be too formalistic, and may lead to oversimplifying the legal doctrine.

Comparative

Comparative legal research methodology involves critical analysis of different bodies of law to examine how the outcome of a legal issue could be different under each set of laws. Comparisons could be made between different jurisdictions, such as comparing analysis of a legal issue under American law and the laws of another country, or researchers may conduct historical comparisons.

When using a comparative approach be sure to define the reasons for choosing this approach, and identify the benefits of comparing laws from different jurisdictions or time periods, such as finding common ground or determining best practices and solutions. The comparative method can be used by a researcher to better understand their home jurisdiction by analyzing how other jurisdictions handle the same issue. This method can also be used as a critical analytical tool to distinguish particular features of a law. The drawback of this method is that it can be difficult to find material from other jurisdictions. Also, researchers should be sure that the comparisons are relevant to the thesis and not just used for description.

This type of research uses data analysis to study legal systems. A detailed guide on empirical methods can be found here . The process of empirical research involves four steps: design the project, collect and code the data, analyze the data, determine best method of presenting the results. The first step, designing the project, is when researchers define their hypothesis and concepts in concrete terms that can be observed. Next, researchers must collect and code the data by determining the possible sources of information and available collection methods, and then putting the data into a format that can be analyzed. When researchers analyze the data, they are comparing the data to their hypothesis. If the overlap between the two is significant, then their hypothesis is confirmed, but if there is little to no overlap, then their hypothesis is incorrect. Analysis involves summarizing the data and drawing inferences. There are two types of statistical inference in empirical research, descriptive and causal. Descriptive inference is close to summary, but the researcher uses the known data from the sample to draw conclusions about the whole population. Causal inference is the difference between two descriptive inferences.

Two main types of empirical legal research are qualitative and quantitative.

Quantitative, or numerical, empirical legal research involves taking information about cases and courts, translating that information into numbers, and then analyzing those numbers with statistical tools.

Qualitative, or non-numerical, empirical legal research involves extracting  information from the text of court documents, then interpreting and organizing the text into categories, and using that information to identify patterns.

Drafting The Methodology Section

This is the part of your paper that describes the research methodology, or methodologies if you used more than one. This section will contain a detailed description of how the research was conducted and why it was conducted in that way. First, draft an outline of what you must include in this section and gather the information needed.

Generally, a methodology section will contain the following:

• Statement of research objectives
• Reasons for the research methodology used
• Description and rationale of the data collection tools, sampling techniques, and data sources used, including a description of how the data collection tools were administered
• Discussion of the limitations
• Discussion of the data analysis tools used

Be sure that you have clearly defined the reasoning behind the chosen methodology and sources.

• Legal Reasoning, Research, and Writing for International Graduate Students Nadia E. Nedzel Aspen (2004) A guide to American legal research and the federal system, written for international students. Includes information on the research process, and tips for writing. Located in the Law Library, 3rd Floor: KF 240 .N43 2004.
• Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? Mark van Hoecke Oxford (2013) This book examines different methods of legal research including doctrinal, comparative, and interdisciplinary. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 235 .M476 2013. IU students may request item via IUCAT.
• An Introduction to Empirical Legal Research Lee Epstein and Andrew D. Martin Oxford University Press (2014) This book includes information on designing research, collecting and coding data, analyzing data, and drafting the final paper. Located at Lilly Law Library, Indianapolis, 2nd Floor: K 85 .E678 2014. IU students may request item via IUCAT.
• Emplirical Legal Studies Blog The ELS blog was created by several law professors, and focuses on using empirical methods in legal research, theory, and scholarship. Search or browse the blog to find entries on methodology, data sources, software, and other tips and techniques.

Literature Review

The literature review provides an examination of existing pieces of research, and serves as a foundation for further research. It allows the researcher to critically evaluate existing scholarship and research practices, and puts the new thesis in context. When conducting a literature review, one should consider the following: who are the leading scholars in the subject area; what has been published on the subject; what factors or subtopics have these scholars identified as important for further examination; what research methods have others used; what were the pros and cons of using those methods; what other theories have been explored.

The literature review should include a description of coverage. The researcher should describe what material was selected and why, and how those selections are relevant to the thesis. Discuss what has been written on the topic and where the thesis fits in the context of existing scholarship. The researcher should evaluate the sources and methodologies used by other researchers, and describe how the thesis different.

The following video gives an overview of conducting a literature review.

Note: this video is not specific to legal literature, however it may be helpful as a general overview.

Not sure where to start? Here are a few suggestions for digging into sources once you have selected a topic.

Research Guides

Research guides are discovery tools, or gateways of information. They pull together lists of sources on a topic. Some guides even offer brief overviews and additional research steps specifically for that topic. Many law libraries offer guides on a variety of subjects. You can locate guides by visiting library websites, such as this Library's site , the Law Library of Congress , or other schools like Georgetown . Some organizations also compile research guides, such as the American Society of International Law . Utilizing a research guide on your topic to generate an introductory source list can save you valuable time.

Secondary Sources

It is often a good idea to begin research with secondary sources. These resources summarize, explain, and analyze the law. They also provide references to primary sources and other secondary sources. This saves you time and effort, and can help you quickly identify major themes under your topic and help you place your thesis in context.

Encyclopedias provide broad coverage of all areas of the law, but do not go in-depth on narrow topics, or discuss differences by jurisdiction, or  include all of the pertinent cases. American Jurisprudence ( AmJur ) and Corpus Juris Secundum ( CJS ) have nationwide coverage, while the Indiana Law Encyclopedia focuses on Indiana state law. A number of other states also have their own state-specific encyclopedias.

American Law Reports ( ALR ) are annotations that synopsize various cases on narrow legal topics. Each annotation covers a different topic, and provides a leading or typical case on the topic, plus cases from different jurisdictions that follow different rules, or cases where different facts applying the same rule led to different outcomes. The annotations also refer to other secondary sources.  

Legal periodicals include several different types of publications such as law reviews from academic institutions or organizations, bar journals, and commercial journals/newspapers/newsletters. Legal periodicals feature articles that describe the current state of the law and often explore underlying policies. They also critique laws, court decisions, and policies, and often advocate for changes. Articles also discuss emerging issues and notify the profession of new developments. Law reviews can be useful for in-depth coverage on narrow topics, and references to primary and other secondary sources. However, content can become outdated and researchers must be mindful of biases in articles. 

Treatises/Hornbooks/Practice Guides are a type of secondary source that provides comprehensive coverage of a legal subject. It could be broad, such as a treatise covering all of contract law, or very narrow such as a treatise focused only on search and seizure cases. These sources are good when you have some general background on the topic, but you need more in-depth coverage of the legal rules and policies. Treatises are generally well organized, and provide you with finding aids (index, table of contents, etc.) and extensive footnotes or endnotes that will lead you to primary sources like cases, statutes, and regulations. They may also include appendices with supporting material like forms. However, treatises may not be updated as frequently as other sources and may not cover your specific issue or jurisdiction.

Citation and Writing Style

• Legal Writing in Plain English Bryan A. Garner University of Chicago Press, 2001. Call # KF 250 .G373 2001 Location: Law Library, 3rd Floor Provides lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this book offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. This guide uses real-life writing samples that Garner has gathered through decades of teaching experience. Includes sets of basic, intermediate, and advanced exercises in each section.
• The Elements of Legal Style Bryan A. Garner Oxford University Press, 2002. Call # KF 250 .G37 2002 Location: Law Library, 1st Floor, Reference This book explains the full range of what legal writers need to know: mechanics, word choice, structure, and rhetoric, as well as all the special conventions that legal writers should follow in using headings, defined terms, quotations, and many other devices. Garner also provides examples from highly regarded legal writers, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.
• Grammarly Blog Blog featuring helpful information about quirks of the English language, for example when to use "affect" or "effect" and other tips. Use the search feature to locate an article relevant to your grammar query.
• Plain English for Lawyers Richard C. Wydick Carolina Academic Press, 2005. Call # KF 250 .W9 2005 Location: Law Library, 3rd Floor Award-winning book that contains guidance to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. Includes exercises at the end of each chapter.
• The Chicago Manual of Style University of Chicago Press, 2010. Call # Z 253 .U69 2010 Location: Law Library, 2nd Floor While not addressing legal writing specifically, The Chicago Manual of Style is one of the most widely used and respected style guides in the United States. It focuses on American English and deals with aspects of editorial practice, including grammar and usage, as well as document preparation and formatting.
• The Chicago Manual of Style (Online) Bryan A. Garner and William S. Strong The University of Chicago Press, 2017. Online edition: use the link above to view record in IUCAT, then click the Access link (for IU students only).
• The Bluebook Compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Harvard Law Review Association, 2015. Call # KF245 .B58 2015 Location: Law Library, 1st Floor, Circulation Desk The Bluebook: A Uniform System of Citation is a style guide that prescribes the most widely used legal citation system in the United States. The Bluebook is taught and used at a majority of U.S. law schools, law reviews and journals, and used in a majority of U.S. federal courts.
• User's Guide to the Bluebook Alan L. Dworsky William S. Hein & Co., Inc., 2015. Call # KF 245 .D853 2015 Location: Law Library, Circulation Desk "This User's Guide is written for practitioners (law students, law clerks, lawyers, legal secretaries and paralegals), and is designed to make the task of mastering citation form as easy and painless as possible. To help alleviate the obstacles faced when using proper citation form, this text is set up as a how-to manual with a step-by-step approach to learning the basic skills of citation and includes the numbers of the relevant Bluebook rules under most chapter subheadings for easy reference when more information is needed"--Provided by the publisher.
• Legal Citation in a Nutshell Larry L. Teply West Academic Publishing, 2016. Call # KF 245 .T47 2016 Location: Law Library, 1st Floor, Circulation Desk This book is designed to ease the task of learning legal citation. It initially focuses on conventions that underlie all accepted forms and systems of legal citation. Building on that understanding and an explanation of the “process” of using citations in legal writing, the book then discusses and illustrates the basic rules.
• Introduction to Basic Legal Citation (Online) Peter W. Martin Cornell Legal Information Institute, 2017. Free online resource. Includes a thorough review of the relevant rules of appellate practice of federal and state courts. It takes account of the latest edition of The Bluebook, published in 2015, and provides a correlation table between this free online citation guide and the Bluebook.
• Last Updated: Oct 24, 2019 11:00 AM
• URL: https://law.indiana.libguides.com/dissertationguide

Stanford Law School's Theses and Dissertations Collection

• Early Thesis and Dissertation of Stanford Law School, 1929 to 1956
• Theses and Dissertations of Stanford Law School,1970-1995
• Stanford Program in International Legal Studies’ Theses, 1996 to 2010
• Stanford Law School’s Dissertations, 1996 to 2010
• Stanford Program in International Legal Studies Theses, 2011 to 2025

Title: Stanford Law School’s Dissertations, 1996 to 2010

Title: Stanford Law School’s Dissertations Inclusive Dates: 1996 to 2010

Access Restrictions: None Copyright Restriction:  Property rights reside with Robert Crown Law Library Special Collection.  Copyrights are retained by the creator of the records or their heirs.

Series Description:

This series consists of dissertations produced by Stanford Law School’s candidates in the Doctor of the Science of Law or the Doctor of Jurisprudence programs during the years of 1996 to 2010.  Each dissertation is original research that each individual submit to a committee of Stanford law professors to prove that they add substantial original scholarly works.  Subject matter that Dissertation covers is diverse in nature. This series is arranged by call number and author's last name. 

Extent: 3 linear feet (textual) Location(s) : GS-SU-06-02-01 to GS-SU-06-01-06

3781 1996 C - Environmental Protection Under and After Socialism: A Study of Poland  3781 1996 C - Riverrun: Three Essays about the Uses of History in Legal Problems Concerning Native Americans  3781 1996 D - Do you Speak Genomics?: Patenting Biotechnology "Translation" Inventions and Other Macromolecules  3781 1996 S - Corporate Governance in Quasi Public Corporations: A New Perspective in Cameroon   3781 1997 B - Innovation Market Concept: A Model for European Merger Control?  3781 1997 E - The Dispute Settlement System in the Egyptian Capital Market and Economic Development  3781 1997 H - Private Property, Culture, and Ideology: Israel's Supreme Court and the Jurisprudence of Land Expropriation 3781 1997 Y - Medical Malpractice in Taiwan: Myth and Reality  3781 1997 Z - A Critical Analysis of the Ethical Duty of Confidentiality in the American law 3781 1998 B - The accommodation of Interests in Freedom of the Press and Protection of Reputation in the Constitutional Doctrine of the United States and Spain   3781 1998 C - Differential Treatment in International Law: A New Framework for the Realisation of Sustainable Development   3781 1998 C - International Tax Policy Under NAFTA: The Impact of National Tax Differences on Capital Flows under Regional Trade and Investment Integration   3781 1998 C - Telecommunications Reform in Mexico: Challenges for Entering the Global Digital Economy  3781 1998 H - Rethinking the Legal Structure of Bank Securities Powers: "Universal Banking" vs. the "Glass-Steagall Act" in Taiwan   3781 1998 K - Property Rights and Biodiversity Management in Kenya: The Case of Land Tenure Regimes and Wildlife Management 3781 1998 L - Economic and Sociological Theories of Contingent Employment: Critique and Implications for Law Reform   3781 1998 N - Copyright and a Democratic Civil Society   3781 1998 R - Constitutional Gravity and Alternative Dispute Resolution: A Unitary Theory of Public Civil Dispute Resolution 3781 1998 Y - Embedded Strategies, Corporate Partners, and Markets in the Digital Age  3781 1999 C - Assessing the Impacts of Trade Liberalization on Forests  3781 1999 D - The Impact of Plant Intellectual Property Rights on Thailand's Agriculture: Implications of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)  3781 1999 Y - International Strategic Alliances in High Technology Industries: A Law and Economic Analysis From an Antitrust Perspective  3781 2000 D - Volume 1 Sexual Harassment Law: History, Cases, and Theory  3781 2000 D - Volume 2 Sexual Harassment Law: History, Cases, and Theory  3781 2000 K - Restructuring the Liability Regime in the Oil Pollution Act of 1990  3781 2000 L - Minimal State and Distributive Justice: An Essay on Nozick's Theory with Some Comparative Aspects to Rawls' 3781 2000 O - Law, Gender Relations and Social Change in Nigeria 3781 2000 W - Environmental Pollution in the Niger Delta Region of Nigeria: A Case for Direct Equity Participation

3 781 2001 C - Self-Censorship and the Struggle for Press Freedom in Hong Kong 3781 2001 H - Administrative Litigation and Court Reform in the People's Republic of China  3781 2001 H - Critical Eating: Genetically Engineered Foods in International Relations: Designing International Bodies on Risk Management in Evolving Science & Technology with Global Impact  3781 2001 R - Counsel for the Indigent Accused in the United States and the Republic of Korea: Constitutional Reflections and Suggestions for Changes in the South Korean Criminal Justice System  3781 2001 R - Strategic Alliances in the United States Microelectronics Industry 3781 2001 W - Four Traces of Michelman and Sunstein's Legal Republicanism: Republican Historiography, Communitarianism, Habermasian Philosophy and Rawlsian Liberalism   3781 2001 W - The Comparison of Prosecutorial Functions in the U.S.A. and in Taiwan 3781 2001 Z - Human Rights Law and Public Interest Lawyering: A Study on the Interdependence of Jurisprudence and the Legal Profession in Israel 3781 2002 C - Environmental Cooperation Institution Building in Northeast Asia 3781 2002 E - Personal Bankruptcy in Israel  3781 2002 L - Custody Decisions in Social and Cultural contexts: The Best Interests of the Child Standard and Judges' Custody Decisions in Taiwan  3781 2002 L - Legal Culture and Social Change: The Case of Taiwanese Family Law Development  3781 2002 M - A Tale of Two Networks: Interconnection in Early Telephony and the Comme[r]cial Internet  3781 2002 M - A Tale of Two Networks: Interconnection in Early Telephony and the Comme[r]cial Internet  3781 2002 R - 2001: A Space Odyssey: Law, Space, and Society in Contemporary Israel  3781 2002 T - The Political Economy of Regulatory Competition: A Diachronic Institutional Theory of Legal Change in an Era of Globalization  3781 2002 W - Crypto Policy and Online Public Forums  3781 2003 B - The Puzzle of Mass Torts: A Comparative Study of Asbestos Litigation  3781 2003 J - Pharmaceutical Differential Pricing: Reality or Wishful Thinking?  3781 2003 S - Constructing Copyright and Literary Creativity in Kenya Cultural Politics and the Political Economy of Transnational Intellectual Property  3781 2003 X - Mediation in China and the United States: Toward Common Outcome  3781 2004 H - Why Do They Not Obey the Law?: A Case Study of a Rural-Urban Migrant Enclave in China  3781 2004 L - Unfinished Business: Challenging Microsoft in Taiwan 3781 2004 M - Kiamas: Rethinking Access to Justice in Domestic Violence Cases in Kenya  3781 2004 N - Commercializing Motion Pictures and Sound Recordings Through the Internet: Copyright Law and Technological Change  3781 2004 P - Balancing in Constitutional Law: A Suggested Analytical Framework Applied to American Constitutional Law  3781 2004 S - An Analysis of the Political Economy of Japanese Fisheries: The Dynamics of Bureaucratic Policymaking in Domestic and International Fisheries 3781 2005 A - An Attempt to Mediate Immigrant Integration: Intercultural Mediators in Catalonia  3781 2005 C - Paying for Nature Conservation with Tax Dollars?: An Evaluation of the Role of Fiscal Policy Reform in Promoting Biodiversity Conservation in Canada through Legal, Economic, Ecological, Fiscal and Political Lenses   3781 2006 A - Banking System in Islamic Countries: Saudi Arabia and Egypt  3781 2006 A - Democratic Deliberation of Trade Legislation in Ghana: Institutions, Interests and Accountability 3781 2006 A - The Legal Culture of the European Court of Human Rights  3781 2006 H - Women's Experience in Court: The Implementation of Feminist Law Reforms in Civil Proceedings Concerning Domestic Violence  3781 2006 L - Divorce and Annulment in San Mateo County, California 1950-1957  3781 2006 N - Toward Better-Balanced Copyright Regulations in the Digital and Network Era: Law, Technology, and the Market in the U.S. and Japan 3781 2006 P - Criminal Investigation and Prosecution in Mexico City: A Case Study of Miguel Hidalgo County and its Ministerio Público  3781 2006 Y - Legal Risk and Investment in India: A Case Study of the Dabhol Power Project  3781 2007 C - Unbundling Path Dependence: A Case Study of Telecommunications Reform in Mexico (1990-2006)  3781 2007 G - All in the Family: The Influence of Social Networks on Dispute Processing: A Case Study of a Developing Economy 3781 2007 H - Social Symmetry: A Theory of Altruism and Cooperation 3781 2007 L - From Imitation to Innovation: The Role of Patent in China's Biotechnology and Pharmaceutical Industries  3781 2007 M - Clientelism, Competition and Corruption: Informal Institutions and Telecommunications Reform in Kenya 3781 2007 W - Legal Framework for the Development of Venture Capital in China: Policy Recommendations for the Establishment of a Growth Enterprise Market ("GEM")        3781 2008 M - Rules and Engagement: A Comparative Qualitative Evaluation of European Union Rule-of-law Promotion in Romania, Turkey, Serbia, and Ukraine  3781 2008 N - The Role of Competition Law and Policy in the Economic Development of Korea 3781 2008 P - "In the Public Interest": Threats to Self-regulation of the Legal Profession in Ontario, 1998-2006   3781 2008 P - The Next Generation of Mexican Lawyers: A Study of Mexico's System of Legal Education and its Law Students  3781 2008 S - Beyond Legalism: The Mexican Supreme Court in the Democratic Era  3781 2009 L - The Neglected Role of Non-Profit Organizations in the Intellectual-Commons Environment  3781 2009 P - The Political-Economy and the Causes of Compliance of Trade and Investment Agreements: NAFTA and the Sweeteners Sector  3781 2009 S - "Outside the Pale of the Law": The Processing of Disputes in Buduburam Refugee Camp in Ghana  3781 2009 S - Recalcitrant Victims and Refractory Systems: An Exploratory Study of Attrition During the Investigation of rape Complaints in Post-Apartheid South Africa 3781 2009 T - The Design of Micro Credit Contracts and Costs of Credit: A Case Study of Micro Enterprise Finance in Uganda  3781 2010 C - Improving the Business Climate Under the Hot Sun: Do Small Business Associations Make a Difference?: A Study of Four Districts in Nyanza Province, Kenya 3781 2010 F - From Gender Based-Violence to Women's Violence in Haiti  3781 2010 F - From State Street to Bilski: Patent Protection in the Financial Industry 3781 2010 L - Weak Independent Directors, Strong Controlling Shareholders: Do Independent Directors Constrain Tunneling in Taiwan? 3781 2010 M - Access to Justice and Resolution of Criminal Cases at Informal Chiefs' Courts: The Ewe of Ghana 3781 2010 O - Measuring Japan's Nursery Quality Within the UNCRC Framework: International Standards for Young Children's Social Services and Their Implications for Japan   3781 2010 S - How do Principals Deal with Underperforming Teachers?: A Study of How Principals from Secondary Schools in Mexico City Manage Underperforming Teachers   3781 2010 T - Cross-border Enforcement of Patents

• Last Updated: Dec 18, 2023 9:02 AM
• URL: https://guides.law.stanford.edu/c.php?g=1087208

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Home > Student Works & Orgs > LLM Theses and Essays

LLM Theses and Essays

Submissions from 2013 2013.

Some Important Causes for Settlement in American Civil Litigation , Felipe Forte Cobo

Submissions from 2011 2011

TO REVEAL OR CONCEAL?—AN ISP’S DILEMMA, Presenting a New “Anonymous Public Concern Test” for Evaluating ISP Subpoenas in Online Defamation Suits , Cayce Myers

Submissions from 2008 2008

Infrastructure Development in Emerging Economies and the Roles Played by Multilateral Institutions , Amjad Ahasan Basheer

Universal Human Rights and Threat to International Peace and Security: The United Nations' Obligation to Intervene , Godfrey Mhlanga

Submissions from 2007 2007

Applicable Law Provisions in International Uniform Commercial Law Conventions , Paolo E. Conci

Licenses, Leases and Other Contractual Arrangements for the Exploration and Production of Petroleum A Comparative Study Between Nigeria and the United States , Omolara Elumelu

Judicial Review of International Commercial Arbitral Awards by National Courts in the United States and India , Aparna D. JUJJAVARAPU

Ethiopia's Sovereign Right of Access to the Sea under International Law , Abebe T. Kahsay

Comfort Women: Human Rights of Women from Then to Present , Jinyang Koh

Imports or Made-in-China: Comparison of Two Constitutional Cases in China and the United States , Xiao Li

Taxing Emotional Distress Recoveries: Does Murphy Show the Way? , Kaushal P. Mahaseth

The Land of the Free: Human Rights Violations at Immigration Detention Facilities in America , Caitlin J. Mitchel

International Legal Standards Governing the Use of Child Soldiers , Dorcas B. Mulira

Corporate Restrictions in Mexico and the United States , Dennis Rios

Regulating Transnational Corporation for Environmental Damage , Sonal Sahu

The Need for a Transnational Appellate Arbitral Review Body , Priya Sampath

A Consumption Tax versus a Federal Income Tax in the United States , Shelly-Ann R. Tomlinson

Financial Holding Company System and Relevant Legislation , Ye Wang

Submissions from 2006 2006

The Hamburg Rules , Kweku G. Ainuson

Tourism in Antarctica: History, Current Challenges and Proposals for Regulation , Juan Y. Harcha

Reconsidering the Medical Expert Witness System , Yunwei Jiang

A Comparative Study of the Legal Responses to Domestic Violence in the United States and Hungary , Adam Keri

Enforcement of Human Rights under Regional Mechanisms: a Comparative Analysis , Fekadeselassie F. Kidanemariam

Shareholders' Agreements in Close Corporations and Their Enforcement , Ricardo Molano Leon

A Comparative Study on the Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules , Junrong Song

How to Deal with Multi-party Nominations of Arbitrators in International Commercial Arbitration - a Comparative Study of Appointment Procedures with Emphasis on U.S.-European Commerce between Private Entities , Marie-Beatrix Tupy

Balancing Regulations and Incentives for Foreign Direct Investment: a Case Study of Mexico and Kazakhstan , Dauren B. Tynybekov

Submissions from 2005 2005

The Legality of Humanitarian Intervention , Eric Adjei

A Comparative Assessment of U.S. Direct Investment in China and India , Kalpana Arjunan

Pre-contractual Obligations in France and the United States , Florence Caterini

Comparative Law: Alcohol, Drug Abuse & Jurisprudence from the United States to Korea , Hyun J. Cho

Commercial Speech in the United States and Europe , Oxana Valeryevna Gassy-Wright

Accountability of Transnational Corporations under International Standards , Lea Hanakova

Protection of "Persona" in the EU and in the US: a Comparative Analysis , Anna E. Helling

Income Tax Preferences to Foreign Investment in China since the Late 1970s , Xiaoyang Hou

Role of the World Bank and IMF in Issuing Loans to Russia: Responsibility, Tricks, Corruption, Mafia, and Important Use of Legal Enforcement , Elmira A. Makova

Governance and Responsibility of Multinational Enterprises: the Use of Codes of Conduct and Litigation to Change Multinational Enterprises' Behavior , Maria Fernanda Matach

Free Movement of Goods: a Comparative Analysis of the European Community Treaty and the North American Free Trade Agreement , Pedro A. Perichart

The Drafting Process For a Hague Convention on Jurisdiction and Judgements with Special Consideration of Intellectual Property and E-Commerce , Knut Woestehoff

The Drafting Process for a Hague Convention on Jurisdiction and Judgments with Special Consideration of Intellectual Property and E-commerce , Knut Woestehoff

Trade-related Environmental Measures and GATT: the Conflict between Trade Libralization and Environmental Protection , Fang Zheng

Submissions from 2004 2004

The Question of Non-trade Issues in the WTO from a Developing Country Perspective , Cecilia Alzamora

Cybercrime , Karissa Ayala

Protection of Children from Exploitation in West Africa: Illusion or Reality? , Afua Brown-Eyeson

Legal Structures of European Security and Defense Policy and War Powers under the U.S. Constitution , Heiko Buesing

U.S. Antidumping Law and Practices against Korean Exports , Jinwook Choi

Regulation of Hate Speech , Haiping Deng

The Institutional Framework of the European Union for the Conduct of Foreign Affairs , Frederic Eggermont

Comparison of New Zealand and United States Securities Markets through the Looking Glass of the Efficient Market Hypothesis , Carla Natalia Gargiulo

Private Party Participation in the World Trade Organizations , Taehyung Im

Issues Regarding the Most Effective Tool of U.S. Bankruptcy Law , Zeenat Kera

Contracts and Electronic Agents , Sabrina Kis

Historical Aspects of State Arbitration Policy , Elton R. Lanier

Regulating Non-territorial Commercial Environments in Territorial-based Legal Systems , Pedro Martin G. Less Andrade

Unilateral Refusals to Deal in Intellectual Property as Monopolistic Conduct , Bolanle Meshida

Comparative Analysis of Federal Income Tax Imposed on U.S. C Corporations and Russian Joint Stock Companies , Alina Y. Mitskevich

Legislation and Implementation of International Environmental Law by African Countries: a Case Study of Ghana , Brigitte L. Okley

The Challenges of Tax Collection in Developing Economies (with Special Reference to India) , Pramod K. Rai

Family Businesses, Choices of Legal Entity , Martina L. Rojo

Sound Record Producers' Rights and the Problem of Sound Recording Piracy , Stanislava N. Staykova

The Change of Corporate Governance Structure in the United States and Taiwan , Yifan Tseng

Fiduciary Duties of Directors in the Context of Going-private Transactions to the Minority Shareholders under Delaware Law , Yuan Wang

Recognition and Enforcement of International Commercial Arbitration Awards , Shouhua Yu

Submissions from 2003 2003

Interim Measures in International Commercial Arbitration: Past, Present and Future , Sandeep Adhipathi

Reservations, Human Rights Treaties in the 21st century: from Universality to Integrity , Pierrick Devidal

Technological Advances Leading to the Diminishing of Privacy Rights , Anabelle Maria D'Souza

Protection of Consumer Privacy in E-commerce , Choong L. Ha

Mergers and Acquisitions in Europe: Analysis of EC Competition Regulations , YoungJun Lee

Security Interests in Intellectual Property Rights: the Time Has Come for the Enactment of New Laws , Esteban Mazzucco

The Convergence of Trade and Environment and the Relative Role of WTO , Xiaoxi Meng

The Main Characteristics of State's Jurisdiction to Tax in International Dimension , Alfred Nizamiev

U.S. Foreign Direct Investment in Developing Countries: a Case Study of Malaysia, Mexico and South Africa , Abenaa A. Oti-Prempeh

Free movement of goods: A comparative analysis of the European community treaty and the north American free trade agreement , Pedro A. Perichart

A Historical View of Intellectual Property Rights in the Palestinian Territories , Ihab G. Samaan

Submissions from 2002 2002

An Analysis of the Duty to Negotiate in Good Faith: Precontractual Liability and Preliminary Agreement , Aarti Arunachalam

Multinational Corporations Facing the Varying Concepts of Jurisdiction : "forum non-conveniens", Contrasts between the Anglo-American and the European Law Systems , Sandrine Buttin

Minority Shareholders and Oppression in Close Corporations: Contracting as an Effective Protection Device , Marcella Machado Carneiro

Freedom of Speech, Cinema and Censorship: a Comparative Analysis of Issues of Freedom of Speech Violations as a Result of the Rating Regulation Authorities in the Motion Picture Industry in France and the United States , Stephanie Grenier

International Corporate Governance Practices and Their Implications on Investors , Namwandi Hamanyanga

Current Problems of International Taxation of Electronic Commerce , Nuran G. Kerimov

An End to the Political Question Doctrine in Korea?: A Comparative Analysis , Myeong-Sik Kim

The Evolution of the Law's Treatment of the Confessions of Mentally Disabled Criminal Suspects , John E. Knight

Public and Private Interests in Copyright Law: Creativity, Science and Democracy vs. Property and Market , Daryana I. Kotzeva

The Intra-enterprise Conspiracy Doctrine as Applied to Affiliated Corporations under Section 1 of the Sherman Act , Michael B. Menz

Privacy and Personal Data Protection in the Information Age: A Comparative Evaluation , Emeka B. Obasi

The Right to Freedom of Religion vis a vis Religious Intolerance in the New Millennium , Buihe P. Okenu

Conflict of Laws in the Enforcement of Foreign Awards and Foreign Judgments: the Public Policy Defense and Practice in U.S. Courts , Anupama Parameshwaran

Balancing Interests: Statute of Limitations and Repose in Medical Malpractice Cases , Laurie L. Paterson

A Comparison of Environmental Impact Assessment Process between the National Environmental Protection Act (NEPA) and the Basic Environmental Protection Act (BEPA) , V An Rhee

Offshore Investments , Ana Maura M. Safrin

Lawyers' Value in Mergers and Acquisitions under the New World of Multidisciplinary Practices , Yunling Wu

Submissions from 2001 2001

FAIR USE AND THE DIGITAL DISTRIBUTION OF MUSIC - RECORDING INDUSTRY ASSOCIATION OF AMERICA v. NAPSTER, INC. (A COMPARATIVE ANALYSIS OF A RESTRAINT ON COPYRIGHT IN THE UNITED STATES OF AMERICA AND TRINIDAD AND TOBAGO) , MICHELLE LISA ALEXANDER

THE IMPACT OF MODERNIZATION AND DEVELOPMENT ON MUSLIM WOMEN IN EGYPT: A LEGAL PERSPECTIVE , MAZAHIR MUHAMMED ATA EL-SID

David vs. Goliath (2001): An Analysis of the OECD Harmful Tax Competition Policy , Truman Butler

Transfer Pricing: A Comparative Study of the French and U.S. Legal Systems , Valerie Ciancia

REFORMING CHINA'S PARTNERSHIP LAW: ACHIEVEMENTS, PROBLEMS AND PROSPECTS , HONGBING FAN

SHOULD AN EFFECTIVE INTERNATIONAL CRIMINAL COURT HAVE PRIMACY OR BE COMPLEMENTARY TO NATIONAL COURTS? AN ANALYSIS OF CONCURRENT JURISDICTION IN THE AD HOC TRIBUNALS AND THE ROME STATUTE , GODWIN YENIKA FONYE

Foreign Direct Investment in Colombia , Juliana Gomez

LEGALIZE IT? -OSP AND PEER-TO-PEER NETWORK LIABILITY FOR ONLINE MUSIC COPYRIGHT INFRINGEMENTS IN THE UNITED STATES AND GERMANY , CHRISTIAN NILS JOCHEN ENGELHARDT

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Georgetown Law Library Special Collections

Theses And Dissertations

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Contents Note

This collection contains theses and dissertations produced by students attending Georgetown Law School and Georgetown Law Center. They represent three law degree programs (J.D., LL.M., S.J.D.), and some that only specify Georgetown University. Most of the J.D. and LL.M papers date from 1913-1953. The only current papers are from the S.J.D. Program. The papers exist either in paper, microfiche, or digital form, and some may be available in more than one format. There are two separate listings containing the same entries - the first is a listing by degree type and then by author name, and the second is a listing by date and then author name.

• 1913 - 2022
• Georgetown University. Law Center (Collector, Organization)
• Georgetown University. School of Law (Collector, Organization)

Location of Digital Files

View Theses and Dissertations in Digital Georgetown at https://repository.library.georgetown.edu/handle/10822/1056655

Description of Degree Programs

The Juris Doctor (J.D.) is the first degree in law, as well as the terminal degree for the practice of law. It is required for those who plan to become attorneys, is usually earned in three years, and requires a bachelor's degree for admission. Until 1966, the first degree in law was the LL.B. (Bachelor of Laws) and during the 1930s and 1940s, the J.D. was awarded as a graduate level degree. In 1967 the J.D. became the first law degree. The Master of Laws (LL.M.) is the second level professional law degree after the J.D. It is a one-year advanced post-graduate degree program that specializes in a specific area of the law, and requires a J.D. as a prerequisite. The Doctor of Juridical Science (S.J.D.) is the highest degree offered by Georgetown Law. It is a Ph.D-level research and academic-based degree primarily designed for those who are interested in becoming law professors, scholars, jurists or public intellectuals.

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• RG 6/6-7. Theses and Dissertations

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Theses And Dissertations, LCA-06-07-001. Law Center Archives.

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Theses And Dissertations, LCA-06-07-001. Law Center Archives. https://aspace.ll.georgetown.edu/public/repositories/4/resources/138 Accessed May 28, 2024.

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Access to theses and dissertations from other institutions and from the University of Cambridge

This guide provides information on searching for theses of Cambridge PhDs and for theses of UK universities and universities abroad. 

For information and guidance on depositing your thesis as a cambridge phd, visit the cambridge office of scholarly communication pages on theses here ., this guide gives essential information on how to obtain theses using the british library's ethos service. .

On the last weekend of October, the British Library became the victim of a major cyber-attack. Essential digital services including the BL catalogue, website and online learning resources went dark, with research services like the EThOS collection of more than 600,000 doctoral theses suddenly unavailable. The BL state that they anticipate restoring more services in the next few weeks, but disruption to certain services is now expected to persist for several months. For the latest news on the attack and information on the restoration of services, please follow the BL blog here:  Knowledge Matters blog  and access the LibGuide page here:  British Library Outage Update - Electronic Legal Deposit - LibGuides at University of Cambridge Subject Libraries

A full list of resources for searching theses online is provided by the Cambridge A-Z, available here .

University of Cambridge theses

Finding a cambridge phd thesis online via the institutional repository.

The University's institutional repository, Apollo , holds full-text digital versions of over 11,000 Cambridge PhD theses and is a rapidly growing collection deposited by Cambridge Ph.D. graduates. Theses in Apollo can be browsed via this link . More information on how to access theses by University of Cambridge students can be found on the access to Cambridge theses webpage.   The requirement for impending PhD graduates to deposit a digital version in order to graduate means the repository will be increasing at a rate of approximately 1,000 per year from this source.   About 200 theses are added annually through requests to make theses Open Access or via requests to digitize a thesis in printed format.

Locating and obtaining a copy of a Cambridge PhD thesis (not yet available via the repository)

Theses can be searched in iDiscover .  Guidance on searching for theses in iDiscover can be found here .   Requests for consultation of printed theses, not available online, should be made at the Manuscripts Reading Room (Email:  [email protected] Telephone: +44 (0)1223 333143).   Further information on the University Library's theses, dissertations and prize essays collections can be consulted at this link .

Researchers can order a copy of an unpublished thesis which was deposited in print form either through the Library’s  Digital Content Unit via the image request form , or, if the thesis has been digitised, it may be available in the Apollo repository. Copies of theses may be provided to researchers in accordance with the  law  and in a manner that is common across UK libraries.  The law allows us to provide whole copies of unpublished theses to individuals as long as they sign a declaration saying that it is for non-commercial research or private study.

How to make your thesis available online through Cambridge's institutional repository

Are you a Cambridge alumni and wish to make your Ph.D. thesis available online? You can do this by depositing it in Apollo the University's institutional repository. Click here for further information on how to proceed.    Current Ph.D students at the University of Cambridge can find further information about the requirements to deposit theses on the Office of Scholarly Communication theses webpages.

UK Theses and Dissertations

Electronic copies of Ph.D. theses submitted at over 100 UK universities are obtainable from EThOS , a service set up to provide access to all theses from participating institutions. It achieves this by harvesting e-theses from Institutional Repositories and by digitising print theses as they are ordered by researchers using the system. Over 250,000 theses are already available in this way. Please note that it does not supply theses submitted at the universities of Cambridge or Oxford although they are listed on EThOS.

Registration with EThOS is not required to search for a thesis but is necessary to download or order one unless it is stored in the university repository rather than the British Library (in which case a link to the repository will be displayed). Many theses are available without charge on an Open Access basis but in all other cases, if you are requesting a thesis that has not yet been digitised you will be asked to meet the cost. Once a thesis has been digitised it is available for free download thereafter.

When you order a thesis it will either be immediately available for download or writing to hard copy or it will need to be digitised. If you order a thesis for digitisation, the system will manage the process and you will be informed when the thesis is available for download/preparation to hard copy.

See the Search results section of the  help page for full information on interpreting search results in EThOS.

EThOS is managed by the British Library and can be found at http://ethos.bl.uk . For more information see About EThOS .

World-wide (incl. UK) theses and dissertations

Electronic versions of non-UK theses may be available from the institution at which they were submitted, sometimes on an open access basis from the institutional repository. A good starting point for discovering freely available electronic theses and dissertations beyond the UK is the Networked Digital Library of Theses and Dissertations (NDLTD) , which facilitates searching across institutions. Information can also usually be found on the library web pages of the relevant institution.

The DART Europe etheses portal lists several thousand full-text theses from a group of European universities.

The University Library subscribes to the ProQuest Dissertations and Theses  (PQDT) database which from August 31 2023 is accessed on the Web of Science platform.  To search this index select it from the Web of Science "Search in" drop-down list of databases (available on the Documents tab on WoS home page)

PQDT includes 2.4 million dissertation and theses citations, representing 700 leading academic institutions worldwide from 1861 to the present day. The database offers full text for most of the dissertations added since 1997 and strong retrospective full text coverage for older graduate works. Each dissertation published since July 1980 includes a 350-word abstract written by the author. Master's theses published since 1988 include 150-word abstracts.

IMPORTANT NOTE: The University Library only subscribes to the abstracting & indexing version of the ProQuest Dissertations and Theses database and NOT the full text version.  A fee is payable for ordering a dissertation from this source.   To obtain the full text of a dissertation as a downloadable PDF you can submit your request via the University Library Inter-Library Loans department (see contact details below). NB this service is only available to full and current members of the University of Cambridge.

Alternatively you can pay yourself for the dissertation PDF on the PQDT platform. Link from Web of Science record display of any thesis to PQDT by clicking on "View Details on ProQuest".  On the "Preview" page you will see an option "Order a copy" top right.  This will allow you to order your own copy from ProQuest directly.

Dissertations and theses submitted at non-UK universities may also be requested on Inter-Library Loan through the Inter-Library Loans department (01223 333039 or 333080, [email protected] )

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Home > FACULTIES > Law > LAW-ETD

Law Theses and Dissertations

This collection contains theses and dissertations from the Department of Law, collected from the Scholarship@Western Electronic Thesis and Dissertation Repository

Theses/Dissertations from 2023 2023

An Examination of the International Court of Justice’s Approach to Customary International Law , Janet Adewumi Bamigbose

A Corrective Justice Account of Building Authority Liability in Canadian Negligence Law , Jonathan de Vries

Re-Imagining Indigenous Consultation: An Examination of Canada’s Duty to Consult , Paul Hansen

THE HUMAN RIGHT TO DEVELOPMENT: Historical and Contemporary Linkages to Colonialism , Norman R. Kimber

The Development of an Expectations Theory of Patent Law by Creating a Nexus with John Locke's Theory of Private Property , Jason D. Newman

Theses/Dissertations from 2022 2022

Legal Representation for Complainants of Sexual Violence in the Criminal Justice System: A Proposal to Advance Women's Equality , Karen M. Bellehumeur

Care and Social Justice: Developing a Right to Basic Income in Canada , Stephanie Gellatly

Meaning of Accountability Under Section 72 of the Youth Criminal Justice Act , Brenda Kobayashi

Can Novel Findings from Emerging Neuroscientific Technologies be Incorporated into Trademark Law in Canada? , Pankhuri Malik

Community Development Agreements: The Hardening and Evaluation of a Norm , Luka G. Petrusevski

Himalaya Clauses in Sea Carriage Contracts: Closing the Pandora’s Box , Mary Ppasiou

Reputation as the Key Link Amongst Moral Rights, Prohibited Marks, and Geographical Indications , Darinka Tomic

Theses/Dissertations from 2021 2021

A 'Critical Mass' Approach to Negotiations in the WTO: A Case Study Analysis , Temitope O. Adeyemi

The Measure of a Monitor's Role , Alejandro E. Gonzalez

Interpreting UNDRIP: Exploring the Relationship Between FPIC, Consultation, Consent, and Indigenous Legal Traditions , Jeffrey Warnock

Theses/Dissertations from 2020 2020

Before the Ice Disappears: Pursuing Climate Justice for Inuit Women in the Context of Mining in Nunavut , Angeline Bellehumeur

The Circumstances of the Offence: The Post-Ipeelee Sentencing of Indigenous Offenders for Manslaughter in the Superior Courts , Conal Calvert

Privacy and Surveillance in the Workplace: Closing the Electronic Surveillance Gap , Christina Catenacci

An Anishinaabe Tradition: Anishinaabe Constitutions in Ontario , Leaelle N. Derynck

Safeguarding the Principle of Non-Refoulement in Europe: Counteracting Containment Policies in the Common European Asylum System , Jenny Hiu Kwan Poon

Stewart v. Elk Valley Coal Corp.: The Rehabilitation of Addiction Disability Law in Canada , Nadia Pronych

Can Regulatory Reform Reverse the Decline of Public Markets in Canada? Assessing the Factors Impacting Decisions by Corporate Leaders to Avoid Canadian Public Listings , Louis Daniel Wilson

Theses/Dissertations from 2019 2019

Extending Our Promise: Providing Help to Mentally Ill Accused As Soon As Practicable , Cassandra DeMelo

Minority Shareholders' Protections under Nigerian and Canadian Corporate Law: A Comparative Analysis , Oluwabukola Fadahunsi

Renewable Energy as an Alternative to Fossil Fuel Use: A Legal Framework for Advancing Low Carbon Energy Transition in Nigeria , Ogechi Judith Njokuji

Improving Civilian Protection during War through Conflict-Specific Behavioural Regulation of Combatants , Kirsten MD Stefanik

Theses/Dissertations from 2018 2018

Minding the Gap: Pay Equity and the Role of Law in Narrowing Canada's Gender Wage Gap , Jennifer D. Beaudoin

Theses/Dissertations from 2017 2017

Transfer Pricing Rules in the BRICS World: A Shifting Balance in Global Taxation Governance? , Thassiane Ayres Gossler

Achieving Equality for Women in Labour and Employment – A Comparative Study of Colombia and Canada , Lina M. Hernandez

The Constitutionality of Restrictions on Recreational Cannabis Advertising: Balancing Public Health and Freedom of Expression , Melanie L. McPhail

Implementing Canada's Data Exclusivity Obligations and Protecting Personal Information in Clinical Trials , Alison Wong

Theses/Dissertations from 2016 2016

Accommodating Complex Disabilities: Chronic Pain Disorders in the Canadian Workplace , Maia Abbas

The Copyright Board and Tribunals Process: Users in the Balance , Louis J. D'Alton

Environmental Impact Assessment for Oil and Gas Projects: A Comparative Evaluation of Canadian and Nigerian Laws , Omolola Anuoluwapo Fasina

The Patented Medicines (Notice of Compliance) Regulations: An Examination of the Decision Making Patterns in these Cases at the Supreme Court of Canada , Jason D. Newman

Real Estate Investment Trusts In Canada , Samita Pachai

Regulating for Resilience: Principled Flexibility and Environmental Co-Management in the Mackenzie Valley , Heather L. Potter

Directors and Standards: The Problem of Insufficient Guidance , Nikolas Sopow

Resolving Dilemmas in Canadian Class Actions by Reconsidering Private Law Principles , Stephanie Sugar

Theses/Dissertations from 2015 2015

Canada's Duty to Consult: Communicative Equality and the Norms of Legal Discourse , Matthew J. Glass

Re-imagining the Principle of National Treatment: Addressing Private International Law Issues in Copyright Infringement in the Internet Era , Ragavi Ramesh

The Clarity of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished , Ryan D. Robb

Theses/Dissertations from 2014 2014

Shifting Grounds: Judicial Review under NAFTA Chapter 11 and the Ratification of ICSID , Nolan Downer

Hearing Voices: Judicial Consideration of Ontario’s Social Assistance Legislation , Teri Muszak

Transnational Corporate Regulation through Sustainability Reporting: A Case Study of the Canadian Extractive Sector , Navraj S. Pannu

Theses/Dissertations from 2013 2013

Emissions Trading: A Policy Option for Fighting Climate Change in Africa , Gbenga Akinwande

What is the scope of competition law in the UAE? - A comparative study with developed and developing nations , Alisha Ansari

Corporate Social Responsibility in Canadian Banking a Case Study on the Equator Principles , Ian Osellame

The Applicability of Co-Operative Federalism: Lessons Learned from the Assisted Human Reproduction Act , David A.M. Seccareccia

Restoring Humanity to Humanitarian Law: Borrowing from Environmental Law to Protect Civilians and the Environment , Kirsten MD Stefanik

The Porous Boundary Between Legal and Business Advice, An Empirical Approach , Amy M. ter Haar

Highway Tolls in Brazil and the Lawfulness Principle , Fabio C. Theophilo

Victims’ Opportunities to Review a Decision not to Prosecute made by the Crown Prosecutor , Li Tian

Theses/Dissertations from 2012 2012

An Insightful Study of the Oppression Remedy under South African and Canadian Corporate Law , Natasha A. Abbey

The History of Animal Welfare Law and the Future of Animal Rights , Marie Blosh

Canada's Marihuana Medical Access Regulations: Up In Smoke , Carolynn Conron

Electronic Health Record Regulation in Canada: What the Patient Experience Reveals about the Pursuit of Legislative Harmonization , Patricia M. Goodman

The Codex: Labelling of Food Derived from Modern Biotechnology , Sowmya Latha Hemanahally Vishwanatha

Trademarks and Geographical Indications: Conflict or Coexistence? , Melissa A. Loucks

Indigenous Peoples under International Law: An Asian Perspective , Tashi Phuntsok

Directors' Duties to Creditors - Mapping the Twilight Zone , Mehreen Rehman

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Agnihotri, Shree (2024) Arendtian constitutional theory: an examination of active citizenship in democratic constitutional orders. PhD thesis, London School of Economics and Political Science.

Misra, Tanmay (2023) The invention of corruption: India and the License Raj. PhD thesis, London School of Economics and Political Science.

Garcés de Marcilla Musté, Mireia (2023) Designing, fixing and mutilating the vulva: exploring the meanings of vulval cutting. PhD thesis, London School of Economics and Political Science.

Nolan, Katherine Anne (2023) The individual in EU data protection law. PhD thesis, London School of Economics and Political Science.

Pinto, Mattia (2022) Human rights as sources of penality. PhD thesis, London School of Economics and Political Science.

Girard, Raphaël (2022) Populism, law and the courts: space and time in an age of "constitutional impatience". PhD thesis, London School of Economics and Political Science.

Matabudul, Rachna (2022) Tax treaty dispute resolution: lessons from the law of the sea. PhD thesis, London School of Economics and Political Science.

Taggart, John (2022) Examining the role of the intermediary in the criminal justice system. PhD thesis, London School of Economics and Political Science.

Goh, Benjamin (2022) The literary unconscious: rereading authorship and copyright with Kant's ‘on the wrongfulness of reprinting’ (1785). PhD thesis, London School of Economics and Political Science.

Uberti, Francesca (2022) Vaccine opposition in the information age: a study on online activism and DIY citizenship. PhD thesis, London School of Economics and Political Science.

Gafni, Ilan (2022) Rethinking the negligence liability of public authorities in English law. PhD thesis, London School of Economics and Political Science.

Claeys, Irene (2021) The construction of a regulatory risk device: an examination of the historical emergence and performative effects of the Basel Committee on Banking Supervision’s market risk framework. PhD thesis, London School of Economics and Political Science.

Sonin, Joanne F. (2021) The evolution of the shareholder: legal change, deflection, and constancy. PhD thesis, London School of Economics and Political Science.

Damianos, Alexander (2021) Ratifying the Anthropocene: a study of the Anthropocene working group’s ongoing effort to formalize the Anthropocene as a unit of the geologic time scale. PhD thesis, London School of Economics and Political Science.

Fisher, Jonathan Simon (2021) Mandatory self-reporting of criminal conduct by a company: corporate rights and engaging the privilege against self-incrimination. PhD thesis, London School of Economics and Political Science.

Gupta, Priya S. (2020) Leveraging the city: urban governance in financial capitalism. PhD thesis, London School of Economics and Political Science.

Musto, Callum (2020) States’ regulatory powers and the turn to public law in international investment law and arbitration. PhD thesis, London School of Economics and Political Science.

Ahdash, Fatima (2020) Examining the interaction between family law and counter-terrorism in the UK in recent years. PhD thesis, London School of Economics and Political Science.

Common, MacKenzie F. (2020) Rule of law and human rights issues in social media content moderation. PhD thesis, London School of Economics and Political Science.

Clark, Martin (2020) The 'international' and 'domestic' in British legal thought from Gentili to Lauterpacht. PhD thesis, London School of Economics and Political Science.

Mukherjee, Sroyon (2019) Context-driven choices: environmental valuation in the courtroom. PhD thesis, London School of Economics and Political Science.

Teeder, Wendy Mary (2019) Judicial review and the vanishing trial. MPhil thesis, London School of Economics and Political Science.

Ganguly, Geetanjali (2019) Towards a transnational law of climate change: transnational litigation at the boundaries of science and law. PhD thesis, London School of Economics and Political Science.

Myslinska, Dagmar Rita (2019) Not quite white: the gap between EU rhetoric and the experience of Poles’ mobility to the UK. PhD thesis, London School of Economics and Political Science.

Zlatev, Zlatin Mitkov (2019) Approaches towards the concept of non-pecuniary losses deriving from breach of contract. PhD thesis, London School of Economics and Political Science.

Tundawala, Moiz (2018) In the shadow of swaraj: constituent power and the Indian political. PhD thesis, London School of Economics and Political Science.

Lima Sakr, Rafael (2018) Law and lawyers in the making of regional trade regimes: the rise and fall of legal doctrines on the international trade law and governance of South-North regionalism. PhD thesis, London School of Economics and Political Science.

Stones, Ryan R. (2018) EU competition law and the rule of law: justification and realisation. PhD thesis, London School of Economics and Political Science.

Pick, Barbara (2018) Empirical analysis of geographical indications in France and Vietnam: opportunities and constraints. PhD thesis, London School of Economics and Political Science.

Trotter, Sarah Jane (2018) On coming to terms: how European human rights law imagines the human condition. PhD thesis, London School of Economics and Political Science.

Vitale, David Anthony (2018) Political trust and the enforcement of constitutional social rights. PhD thesis, London School of Economics and Political Science.

Wu, Aaron (2018) Sustaining international law: history, nature, and the politics of global ordering. PhD thesis, London School of Economics and Political Science.

Sutton, Rebecca (2018) The international humanitarian actor as 'civilian plus': the circulation of the idea of distinction in international law. PhD thesis, London School of Economics and Political Science.

Larsen, Signe (2018) The European Union as a federation: a constitutional analysis. PhD thesis, London School of Economics and Political Science.

Bronsther, Jacob (2018) Long-term incarceration and the moral limits of punishment. PhD thesis, London School of Economics and Political Science.

Krever, Tor (2018) The ideological origins of piracy in international legal thought. PhD thesis, London School of Economics and Political Science.

Way, Sally-Anne (2018) Human rights from the Great Depression to the Great Recession: the United States, economic liberalism and the shaping of economic and social rights in international law. PhD thesis, London School of Economics and Political Science.

Leader, Kathryn (2017) Fifteen stories: litigants in person in the civil justice sytem. PhD thesis, London School of Economics and Political Science.

Oghenevo Ovie Akpomiemie, Michael (2017) The social context of business and the tax system in Nigeria: the persistence of corruption. PhD thesis, London School of Economics and Political Science.

Liberman, Dvora (2017) Custodians of continuity in an era of change: an oral history of the everyday lives of Crown Court clerks between 1972 and 2015. PhD thesis, London School of Economics and Political Science.

Keenan, Bernard (2017) Interception: law, media, and techniques. PhD thesis, London School of Economics and Political Science.

Živković, Velimir (2017) International investment protection and the national rule of law: a normative framework for a new approach. PhD thesis, London School of Economics and Political Science.

Zeffert, Henrietta (2017) Home and international law. PhD thesis, London School of Economics and Political Science.

Witney, Simon (2017) The corporate governance of private equity-backed companies. PhD thesis, London School of Economics and Political Science.

Zhu, Sally Shinan (2017) Law embodied: re-imagining a material legal normativity. PhD thesis, London School of Economics and Political Science.

Chauhan, Apurv (2016) Developing a social psychology of poverty: social objects and dialogical representations. PhD thesis, London School of Economics and Political Science.

Tschorne Venegas, Samuel (2016) The theoretical turn in British public law scholarship. PhD thesis, London School of Economics and Political Science.

Wang, Chieh (2016) Sexuality, gender, justice and law: rethinking normative heterosexuality and sexual justice from the perspectives of queer humanist men and masculinities studies. PhD thesis, London School of Economics and Political Science.

O’Loughlin, Ailbhe (2016) Balancing rights? Dangerous offenders with severe personality disorders, the public, and the promise of rehabilitation. PhD thesis, London School of Economics and Political Science.

Burton, Marie (2015) Calling for justice: comparing telephone and face-to-face advice in social welfare legal aid. PhD thesis, London School of Economics and Political Science.

Burke, Jarleth (2015) A market and government failure critique of services of general economic interest: testing the centrality and strictness of article 106(2) TFEU. PhD thesis, London School of Economics and Political Science.

Stern, Orly (2015) The principle of distinction and women in conflicts in Africa. PhD thesis, London School of Economics and Political Science.

Chadwick, Anna (2015) Food commodity speculation, hunger, and the global food crisis: whither regulation. PhD thesis, London School of Economics and Political Science.

Saab, Anne (2015) A legal inquiry into hunger and climate change: climate-ready seeds in the neoliberal food regime. PhD thesis, London School of Economics and Political Science.

Zaccaria, Elena (2015) Proprietary rights in indirectly held securities: legal risks and future challenges. PhD thesis, London School of Economics and Political Science.

Willcox, Susannah (2015) Climate change inundation and Atoll Island States: implications for human rights, self-determination and statehood. PhD thesis, London School of Economics and Political Science.

King, Saskia (2015) Agreements that restrict competition by object under Article 101(1) TFEU: past, present and future. PhD thesis, London School of Economics and Political Science.

Zhang, Zhanwei (2015) Law, state and society in the PRC: a case study of family planning regulations implementation at grassroots level in rural China. PhD thesis, London School of Economics and Political Science.

Agnew, Sinéad (2015) What we talk about when we talk about conscience: the meaning and function of conscience in commercial law doctrine. PhD thesis, London School of Economics and Political Science.

Yoshida, Keina (2015) The cinematic jurisprudence of gender crimes: the ICTY and film. PhD thesis, London School of Economics and Political Science.

Knight, Dean (2014) Vigilance and restraint in the common law of judicial review: scope, grounds, intensity, context. PhD thesis, London School of Economics and Political Science.

McGaughey, Ewan (2014) Participation in corporate governance. PhD thesis, London School of Economics and Political Science.

Xiao, Yin (2014) Analysing the enforcement dimension of regulatory competition: a cultural institutionalist approach. PhD thesis, London School of Economics and Political Science.

Knox, Robert (2014) A Critical Examination of the Concept of Imperialism in Marxist and Third World Approaches to International Law. PhD thesis, London School of Economics and Political Science.

Meerovitch, Vladimir (2014) Investor protection and equity markets: an evaluation of private enforcement of related party transactions rules in Russia. PhD thesis, London School of Economics and Political Science.

Pearson, Megan Rebecca (2014) Religious objections to equality laws: reconciling religious freedom with gay rights. PhD thesis, London School of Economics and Political Science.

Roznai, Yaniv (2014) Unconstitutional constitutional amendments: a study of the nature and limits of constitutional amendment powers. PhD thesis, London School of Economics and Political Science.

O'Regan, Karla Maureen (2014) Beyond illusion: a juridical genealogy of consent in criminal and medical law. PhD thesis, London School of Economics and Political Science.

Searl, Mark (2014) A normative theory of international law based on new natural law theory. PhD thesis, London School of Economics and Political Science.

Coverdale, Helen (2013) Punishing with care: treating offenders as equal persons in criminal punishment. PhD thesis, London School of Economics and Political Science.

Lamp, Nicolas (2013) Lawmaking in the multilateral trading system. PhD thesis, London School of Economics and Political Science.

Perrone, Nicolas (2013) The international investment regime and foreign investors' rights: another view of a popular story. PhD thesis, London School of Economics and Political Science.

Wei Liang Wang, Daniel (2013) Can litigation promote fairness in healthcare? The judicial review of rationing decisions in Brazil and England. PhD thesis, London School of Economics and Political Science.

Majinge, Charles Riziki (2013) The United Nations, the African Union and the rule of law in Southern Sudan. PhD thesis, London School of Economics and Political Science.

Gallo, Zelia (2013) The penality of politics, penality in contemporary Italy 1970-2000. PhD thesis, London School of Economics and Political Science.

Jacques, Johanna (2013) From nomos to Hegung: war captivity and international order. PhD thesis, London School of Economics and Political Science.

Manea, Sabina (2013) Instrumentalising property: an analysis of rights in the EU emissions trading system. PhD thesis, London School of Economics and Political Science.

Yazdani, Shahid (2012) Emergency safeguard; WTO and the feasibility of emergency safeguard measures under the general agreement on trade in services. PhD thesis, London School of Economics and Political Science.

Lucey, Mary Catherine (2012) The interface between competition law and the restraint of trade doctrine for professionals: understanding the evolution of problems and proposing solutions for courts in England and Wales. PhD thesis, London School of Economics and Political Science.

Grušić, Uglješa (2012) The international employment contract: ideal, reality and regulatory function of European private international law of employment. PhD thesis, London School of Economics and Political Science.

Ali, Perveen (2012) States in crisis: sovereignty, humanitarianism, and refugee protection in the aftermath of the 2003 Iraq War. PhD thesis, London School of Economics and Political Science.

Dille, Benjamin B. (2012) Ill fares the land: the legal consequences of land confiscations by the Sandinista government of Nicaragua 1979-1990. PhD thesis, London School of Economics and Political Science.

Ho, Chih-Hsing (2012) Socio-legal perspectives on biobanking: the case of Taiwan. PhD thesis, London School of Economics and Political Science.

Viterbo, Hedi (2012) The legal construction of childhood in the Israeli-Palestinian conflict. PhD thesis, London School of Economics and Political Science.

De Witte, Floris (2012) EU law and the question of justice. PhD thesis, London School of Economics and Political Science.

Spangler, Timothy (2012) Overcoming the governance challenge in private investment funds through the enrolment of private monitoring solutions. PhD thesis, London School of Economics and Political Science.

Sasso, Lorenzo (2012) Capital structure and corporate governance: the role of hybrid financial instruments. PhD thesis, London School of Economics and Political Science.

Boukli, Paraskevi (2012) Imaginary penalities: reconsidering anti-trafficking discourses and technologies. PhD thesis, London School of Economics and Political Science.

Gandrud, Christopher (2012) Knowing the unknowns: financial policymaking in uncertainty. PhD thesis, London School of Economics and Political Science.

Laidlaw, Emily (2012) Internet gatekeepers, human rights and corporate social responsibilities. PhD thesis, London School of Economics and Political Science.

Barroso, Luis (2011) The problems and the controls of the new administrative state of the EU. PhD thesis, London School of Economics and Political Science.

Zhu, Chenwei (2011) Authoring collaborative projects: a study of intellectual property and free and open source software (FOSS) licensing schemes from a relational contract perspective. PhD thesis, London School of Economics and Political Science.

Nwosu, Udoka (2011) Head of state immunity in international law. PhD thesis, London School of Economics and Political Science.

Ronnen, Edite (2011) Mediation in a conflict society: an ethnographic view on mediation processes in Israel. PhD thesis, London School of Economics and Political Science.

Meyers, Jeffrey B. (2011) Toward a Negri-inspired theory of c/Constitution: a contemporary Canadian case study. PhD thesis, London School of Economics and Political Science.

Kotsakis, Andreas (2011) The biological diversity complex: a history of environmental government. PhD thesis, London School of Economics and Political Science.

Stergiou, Vasiliki (2011) The complex relationship of concentrated ownership structures and corporate governance. PhD thesis, London School of Economics and Political Science.

Dias Soares, Claudia A. (2011) The design features of environmental taxes. MPhil thesis, London School of Economics and Political Science.

Calich, Isabel (2011) The impact of globalisation on the position of developing countries in the international tax system. PhD thesis, London School of Economics and Political Science.

Hood, Benjamin David (2011) What model for regulating employee discipline and grievances most effectively supports the policy objective of partnership at work and enhanced competitiveness? PhD thesis, London School of Economics and Political Science.

Li, Guoming (2011) The constitutional relationship between China and Hong Kong: a study of the status of Hong Kong in China’s system of government under the principle of ‘one Country, two systems’. PhD thesis, London School of Economics and Political Science.

John, Mathew (2011) Rethinking the secular state: perspectives on constitutional law in post-colonial India. PhD thesis, London School of Economics and Political Science.

Bernal, Paul Alexander (2011) Do deficiencies in data privacy threaten our autonomy and if so, can informational privacy rights meet this threat? PhD thesis, London School of Economics and Political Science.

Pandya, Abhijit P.G. (2011) Interpretations and coherence of the fair and equitable treatment standard in investment treaty arbitration. PhD thesis, London School of Economics and Political Science.

Thiratayakinant, Kraijakr Ley (2010) Multilateral supervision of regional trade agreements: Developing countries' perspectives. PhD thesis, London School of Economics and Political Science.

Kapotas, Panos (2010) Positive action as a means to achieve full and effective equality in Europe. PhD thesis, London School of Economics and Political Science.

Evans, E. Christine (2010) Right to reparations in international law for victims of armed conflict: Convergence of law and practice? PhD thesis, London School of Economics and Political Science.

Correia, Miguel G (2010) Taxation of corporate groups under a corporation income tax: An interdisciplinary and comparative tax law analysis. PhD thesis, London School of Economics and Political Science.

Pappas, Demetra M (2010) The politics of euthanasia and assisted suicide: A comparative case study of emerging criminal law and the criminal trials of Jack 'Dr. Death' Kevorkian. PhD thesis, London School of Economics and Political Science.

Brady, Alan David Patrick (2009) A structural, institutionally sensitive model of proportionality and deference under the Human Rights Act 1998. PhD thesis, London School of Economics and Political Science.

Franey, Elizabeth Helen (2009) Immunity, individuals and international law: which individuals are immune from the jurisdiction of national courts under international law? PhD thesis, London School of Economics and Political Science.

Al-Ramahi, Aseel (2009) Competing rationalities: The evolution of arbitration in commercial disputes in modern Jordan. PhD thesis, London School of Economics and Political Science.

Upton, John Dominic (2009) Constitutional thought of Joseph de Maistre. PhD thesis, London School of Economics and Political Science.

Brilman, Marina C (2009) Georges Canguilhem: Norms and knowledge in the life sciences. PhD thesis, London School of Economics and Political Science.

Minto, Indianna Deborah (2009) Incumbent response to telecommunications reform: The cases of Jamaica and Ireland, 1982-2007. PhD thesis, London School of Economics and Political Science.

Heathcote, Gina (2009) Justifying force: A feminist analysis of the international law on the use of force. PhD thesis, London School of Economics and Political Science.

Xu, Ting (2009) Property rights, governance and socio-economic transformation: the revival of private property and its limits in post-Mao China. PhD thesis, London School of Economics and Political Science.

Roberts, Stephanie (2009) The decision making process of appeals against conviction in the Court of Appeal (Criminal Division). PhD thesis, London School of Economics and Political Science.

Andreicheva, Natalia (2009) The role of legal capital rules in creditor protection: Contrasting the demands of western market economies with Ukraine's transitional economy. MPhil thesis, London School of Economics and Political Science.

Mundis, Daryl (2008) The law of naval exclusion zones. PhD thesis, London School of Economics and Political Science.

Yong, Benjamin (2008) Becoming national: Contextualising the construction of the New Zealand nation-state. PhD thesis, London School of Economics and Political Science.

Reynolds, Michael Paul (2008) Caseflow management: A rudimentary referee process, 1919-1970. PhD thesis, London School of Economics and Political Science.

Mettraux, Guenael (2008) Command responsibility in international law---the boundaries of criminal liability for military commanders and civilian leaders. PhD thesis, London School of Economics and Political Science.

Shim, Jaejin (2008) Equality or the right to work? Explanation and justification of anti-discrimination rights in employment. PhD thesis, London School of Economics and Political Science.

Webb, Charlie Edward James (2008) Property, unjust enrichment and restitution. PhD thesis, London School of Economics and Political Science.

Kulovesi, Kati (2008) The WTO dispute settlement system and the challenge of environment and legitimacy. PhD thesis, London School of Economics and Political Science.

Dinniss, Heather Harrison (2008) The status and use of computer network attacks in international humanitarian law. PhD thesis, London School of Economics and Political Science.

Fasan, Oluseto (2007) Compliance with WTO law in developing countries: A study of South Africa and Nigeria. PhD thesis, London School of Economics and Political Science.

Khasawneh, Bisher Hani (2007) An appraisal of the right of return and compensation of Jordanian nationals of Palestinian refugee origin and Jordan's right, under international law, to bring claims relating thereto, on their behalf to and against Israel and to seek compensation as a host state in light of the conclusion of the Jordan-Israel peace treaty of 1994. PhD thesis, London School of Economics and Political Science.

Amodu, Tola (2007) The transformation of planning agreements as regulatory instruments in land-use planning in the twentieth century. PhD thesis, London School of Economics and Political Science.

Panijpan, Kris (2006) Market dynamics in corporate governance: Lessons from recent developments in English law. PhD thesis, London School of Economics and Political Science.

Park, Jungwon (2006) Minority rights constraints on a state's power to regulate citizenship under international law. PhD thesis, London School of Economics and Political Science.

Kyprianou, Despina (2006) The role of the Cyprus attorney general's office in prosecutions: Rhetoric, ideology and practice. PhD thesis, London School of Economics and Political Science.

Killick, Evan (2005) Living apart: separation and sociality amongst the Ashéninka of Peruvian Amazonia. PhD thesis, London School of Economics and Political Science.

Menuchin, Shay Nisan (2005) The dilemma of international tax arbitrage: A comparative analysis using the cases of hybrid financial instruments and cross-border leasing. PhD thesis, London School of Economics and Political Science.

Le, Net (2004) Refusal to license: Abuse of dominant position and switching costs. PhD thesis, London School of Economics and Political Science.

Sideri, Katerina (2003) The European Commission and the construction of information society: Regulatory law from a processual perspective. PhD thesis, London School of Economics and Political Science.

Boelaert-Suominen, Sonja Ann Jozef (1998) International environmental law and naval war: The effect of marine safety and pollution conventions during international armed conflict. PhD thesis, London School of Economics and Political Science.

Mohamed, Mohamed Sameh Ahmed (1997) The role of the International Court of Justice as the principal judicial organ of the United Nations. PhD thesis, London School of Economics and Political Science.

Jurgielewicz, Lynne (1994) Global environmental change and international law: prospects for progress in the legal order. PhD thesis, London School of Economics and Political Science.

Tsai, Ing-Wen (1983) Unfair trade practices and safeguard actions [A digital copy of Ing-wen Tsai's personal copy of the original thesis presented to the Library in 2019.]. PhD thesis, London School of Economics and Political Science.

Douzinas, Constantinos (1983) Constitutional law and freedom of expression: a critique of the Constitution of the public sphere in legal discourse and practice with special reference to 20th century American law and jurisprudence. PhD thesis, London School of Economics and Political Science.

Lyall, Andrew Bremner (1980) The social origins of property and contract: a study of East Africa before 1918. PhD thesis, London School of Economics and Political Science.

Harlow, Carol (1979) Administrative liability: a comparative study of French and English Law. PhD thesis, London School of Economics and Political Science.

Reynolds, James Isaac (1974) The slum tenant and the common law: a comparative study. PhD thesis, London School of Economics and Political Science.

Edwards, Adolph (1968) The development of criminal law in Jamaica up to 1900. PhD thesis, London School of Economics and Political Science.

Lasok, Dominik (1954) The Polish Constitutions of 1947 and 1952: a historical study in constitutional law. PhD thesis, London School of Economics and Political Science.

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Allard School of Law Theses and Dissertations Abstracts & Full Text

To search for Peter A. Allard School of Law theses, please click on this Open Collections Search . Sample search strategy: change Search type from “Full Text” to “Abstract/Summary” and enter search terms in “Search for” box. Use quotation marks for phrases e.g. “aboriginal law”.

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Fitzpatrick , Jacqueline Hope (LL.M.) Deciding on ESG : the business judgment rule in Canada, Germany, and Delaware and its impact on corporate adoption of ESG ABSTRACT | FULL TEXT

Yewchuk, Drew (LL.M.) A study in executive branch noncompliance with law : government secrecy, endangered species protection, and the whitebark pine ABSTRACT | FULL TEXT

Abaya-Habibullah , Ritchelle Aubrey (LL.M.) Trapped by a record : how information sharing between schools and police agencies perpetuate the school to prison pipeline ABSTRACT | FULL TEXT

Ellison , Hannah (LL.M.) Empowering autonomy : a novel approach to the right to accessible abortion : exploring realities from the perspective of abortion seekers in Canada and England and Wales ABSTRACT | FULL TEXT

Gilmour , Thomas (LL.M.) “Revitalizing” environmental assessment : interpreting the Environmental Assessment Act in light of the United Nations Declaration on the Rights of Indigenous Peoples ABSTRACT | FULL TEXT

Kim , Hyojung (LL.M.) A balance between flexibility and certainty in fair use : analysis of the compatibility of US fair use and Canadian fair dealing with Korean copyright law ABSTRACT | FULL TEXT

Muftau , Ismail (LL.M.) Overview of the African continental free trade area (AfCFTA) and challenges of implementation : Nigeria and South Africa’s implementation as case studies ABSTRACT | FULL TEXT

Nosek , Grace (Ph.D.) Climate discourse polluted : a cumulative effects analysis of the fossil fuel industry’s tactics to influence public discourse ABSTRACT | FULL TEXT

Peterson , Ryan (LL.M.) Applying context theory : the narrative of homelessness and law ABSTRACT | FULL TEXT

Vohra , Apurva (LL.M.) Social order in the age of artificial intelligence : the use of technology in migration governance and decision-making ABSTRACT | FULL TEXT

Yule , Alison Mary (LL.M.) Examining the judicial imposition of indeterminate sentences for dangerous offenders in Canada ABSTRACT | FULL TEXT

Aikenhead , Moira (Ph.D.) Canada’s criminal justice response to technology-facilitated intimate partner violence ABSTRACT | FULL TEXT

Bateman , C.G. (Ph.D.) Bishops on the bench : why Constantine legislated Christian bishops into the role of judges ABSTRACT | FULL TEXT

Eze , Chinenye Helen (LL.M.) Beyond finders keepers : bioprospecting, patents and human genetic materials ABSTRACT | FULL TEXT

Huberman , Magal (LL.M.) Between court and context : relocation cases in British Columbia ABSTRACT | FULL TEXT

Kucukali , Berna Tugce (LL.M.) The protection of AI-generated works under European copyright law : toward adoption of a neighbouring rights approach ABSTRACT | FULL TEXT

Leslie , Jason Stuart (Ph.D.) The financialization of housing in Canada and federally-backed mortgage securitization : public risks, private benefits ABSTRACT | FULL TEXT

Omotor , Stanley Oghenevwairhe (LL.M.) Sustaining the corporate income tax rates of small businesses in developing economies : lessons for Nigeria from Canada, South Africa, and the UK ABSTRACT | FULL TEXT

Ponomarenko , Iryna (Ph.D.) Towards a theory of deference in Canadian proportionality jurisprudence ABSTRACT | FULL TEXT

Rabbi , Nahid (LL.M.) Development-induced forcible displacement as a crime against humanity of forcible transfer of population under the Rome Statute ABSTRACT | FULL TEXT

Williams-Davidson , Terri-Lynn (LL.M.) Ts’uu JaasG̲alang hlG̲aajuu : cedar sisters framework ABSTRACT | FULL TEXT

Ajaja , Oluwaseun Oluwasegun (LL.M.) Deliberative democracy and problems of democratic governance in Nigeria ABSTRACT | FULL TEXT

Bolger , Ellen (LL.M.) Habeas corpus after Khela : dynamics attenuating prisoners’ rights ABSTRACT | FULL TEXT

Cornejo , Sofia (LL.M.) No parents left behind : a feminist and intersectional perspective on Canadian and Argentine parental leave laws ABSTRACT | FULL TEXT

Dzah , Godwin Eli Kwadzo (Ph.D.) Sustainable development : Africa’s hidden and not-so-hidden contribution to its law, politics, and history ABSTRACT | FULL TEXT

Edwards , Maxwell (LL.M.) Regulatory capture in Canadian environmental decision-making ABSTRACT | FULL TEXT

Martin , Thomas (LL.M.) Is global convergence of competition law the answer? How East Asian challenges demonstrate the limitations of the convergence strategy ABSTRACT | FULL TEXT

Oke , Oluwakemi Oluwafunmilayo (LL.M.) Implementing global norms in local contexts : evaluating the effectiveness of transparency and accountability in the Nigerian extractive sector ABSTRACT | FULL TEXT

Omotosho , Mariam Ololade (LL.M.) Impact of regulatory frameworks on informal cross border trade in Nigeria : a case study of the rice import restriction and border closure of 2019 ABSTRACT | FULL TEXT

Sankey , Jennifer M. (Ph.D.) Using Indigenous legal processes to strengthen Indigenous jurisdiction : Squamish Nation land use planning and the Squamish Nation assessment of the Woodfibre liquefied natural gas projects ABSTRACT | FULL TEXT

Ziyi , Yang (LL.M.) Family planning and gender discrimination in the workplace : an assessment of China’s two-child policy on women’s equality at work ABSTRACT | FULL TEXT

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Chapman , Alexandra (LL.M.) Walking the talk? Examining the EU and China’s claims to climate leadership in the negotiation and implementation of the Paris Agreement ABSTRACT | FULL TEXT

Caunt , Lachlan (Ph.D.) Deterrence in the law of negligence ABSTRACT | FULL TEXT

Cumming , Kaitlyn (LL.M.) Current trends in Canadian civil justice system reform : manufactured simplicity or equitable access to justice? ABSTRACT | FULL TEXT

Chizik , Natali Daiana (LL.M.) The implementation of trial by jury in Argentina : the analysis of a legal transplant as a method of reform ABSTRACT | FULL TEXT

Itamunoala , Sarah Tamunonengioforie (LL.M.) Plugging the drain : promoting environmental justice in the Niger Delta through judicial independence ABSTRACT | FULL TEXT

Maharaj , Krishneel (Ph.D.) An equitable approach to mitigation in contract ABSTRACT | FULL TEXT

Nickason , Millicent Frances (Ph.D.) Nation-building in 21st century Canada: the role of legitimacy in the transformation of Crown-First Nations relations ABSTRACT | FULL TEXT

Rainforth , George (LL.M.) How do the jurisdictions of India, Canada and the United Kingdom interpret the inventive step requirement for follow-on pharmaceutical innovation? ABSTRACT | FULL TEXT

Pilliar , Andrew (Ph.D.) Understanding the market for personal legal services to improve access to civil justice in Canada ABSTRACT | FULL TEXT

Russell , Shannon (LL.M.) Exploring the role of penetration in sexual offences in Canada ABSTRACT | FULL TEXT

Yorgun , Siobhan L. (Ph.D.) “Other” women in flight : sexual minority and polygynous refugee women ABSTRACT | FULL TEXT

Anika , Ijeamaka Elizabeth (LL.M.) New technology for old crimes? the role of cryptocurrencies in circumventing the global anti-money laundering regime and facilitating transnational crime ABSTRACT | FULL TEXT

Bazilli , Susan Margaret (Ph.D.) Exploring the route from Nairobi to Beijing plus twenty : feminist activist reflections on rights advocacy ABSTRACT | FULL TEXT

Bingyu , Liu. (Ph.D.) China’s state-centric approach to corporate social responsibility (CSR) abroad : a case study in Africa ABSTRACT | FULL TEXT

Dieleman , Carmelle (LL.M.) Preserving the Charter in administrative law : a critique of the Supreme Court of Canada’s decision in Law Society of British Columbia v. Trinity Western University ABSTRACT | FULL TEXT Gunn , Kathryn (LL.M.) Voices in the wilderness : Treaty 3 & the dissent of the supreme court in St. Catherine’s ABSTRACT | FULL TEXT

Makinde , Oludolapo ‘Toyosi (LL.M.) Developing corporate governance in Nigeria : lessons from a comparative analysis of Nigerian and Canadian corporate governance frameworks ABSTRACT | FULL TEXT

McCleery , Kyle Andrew (LL.M.) The paramount consideration : decision-making by the British Columbia Review Board in initial disposition decisions ABSTRACT | FULL TEXT

Mundorff , Kurt (Ph.D.) A cultural interpretation of the Genocide Convention ABSTRACT | FULL TEXT

Naef , Brendan (Ph.D.) The responsibility of home states for violations of international obligations by their corporate citizens in fragile states ABSTRACT | FULL TEXT

Neun , Heather (LL.M.) Law’s meanings for equality in the Americas : less impoverished visions for Canada ABSTRACT | FULL TEXT

Pauer , Stefan U. (Ph.D.) Border carbon adjustments in support of domestic climate policies : explaining the gap between theory and practice ABSTRACT | FULL TEXT

Rei-Anderson , Cody (LL.M.) What role for copyright in podcasting? : a study of crowdfunding and advertising models in an emerging medium ABSTRACT | FULL TEXT

Barta , Winston Victor (LL.M.) An analysis of the proposed regulatory reforms for derivatives trading in Canada ABSTRACT | FULL TEXT

Duruike , Princess (LL.M.) Climate change litigation and corporate accountability in Nigeria : the pathway to climate justice? ABSTRACT | FULL TEXT

Garcia , Regiane Alves (Ph.D.) Advancing citizen participation in health governance and the right to health in Brazil: the role of the national health council ABSTRACT | FULL TEXT

Hall , Margaret Isabel (Ph.D.) Rethinking the adult guardianship response : mental capacity and vulnerability in the context of dementia in old age ABSTRACT | FULL TEXT

Higham , Catherine (LL.M.) Reimagining responsibility : how human rights due diligence practices could inform judicial responses to climate accountability litigation ABSTRACT | FULL TEXT

Hrymak , Haley (L.L.M) The opioid crisis as health crisis, not criminal crisis : implications for the criminal justice system ABSTRACT | FULL TEXT

Joeck , Molly Emilia Esbenshader (LL.M.) Refugee protection at the edges : exclusion for serious criminality in Canada since Febles ABSTRACT | FULL TEXT

Lai , Amy T. Y. (Ph.D.) The right to parody : copyright and free speech in selected jurisdictions ABSTRACT | FULL TEXT

MacDonald , Susan D. (LL.M.) Sport slavery. The exploitation of teenagers by ‘mock-amateur’ for-profit sport cartels : a study of the National Collegiate Athletic Association (NCAA) & the Canadian Hockey League (CHL) : can law obtain compensation for these monetized young stars? ABSTRACT | FULL TEXT

Okeowo , Ademola Oladimeji (Ph.D.) The Nansen Initiative and the development of an international protection norm for cross-border disaster-displaced persons ABSTRACT | FULL TEXT

Olyaei , Shiva (Ph.D.) A critical analysis of the role of law and feminist legal approaches in women’s life advancement : a case study of the one million signatures campaign ABSTRACT | FULL TEXT

Pike , Sarah P. (LL.M.) Gilbert Malcolm Sproat, British Columbia Indian reserve commissioner (1876-1880), and the “humanitarian civilizing” of indigenous peoples ABSTRACT | FULL TEXT

Prebble , Zoë Margaret (Ph.D.) Overlapping criminal offences and gendered violence : what is overlap and when is it part of the problem of overcriminalisation? ABSTRACT | FULL TEXT

Alani , Aniz (LL.M.) In search of a marriage counsellor : a proposal for strengthening the enforcement of Canadian constitutional conventions as legal rules of political behaviour ABSTRACT | FULL TEXT

Cedillo Corral , Erika Marcela (Ph.D.) Arbitration and the public policy exception in Mexico : local exceptions to global standards ABSTRACT | FULL TEXT

Hassan , Maira (LL.M.) Making ‘space’ for women in Canadian peacekeeping : the battle of closing the gap ABSTRACT | FULL TEXT

Ledger , Matthew (LL.M.) The best interests of the child and the potential of collaborative family law : a critical analysis of collaborative lawyers’ perspectives on important issues in collaborative practice ABSTRACT | FULL TEXT

Li , Juan (Ph.D.) Legal culture of migrant construction workers in China ABSTRACT | FULL TEXT

Liang , Wenqin (Ph.D.) Governing China’s domestic carbon market ABSTRACT | FULL TEXT

Luesley , Andrew John Arthur (LL.M.) Playing the race card : racial bias in judicial decision-making ABSTRACT | FULL TEXT

Munnariz , Gerardo J. (Ph.D.) Indigenous peoples and international human rights law : mining, multinational corporations and the struggles of indigenous peoples in Peru ABSTRACT | FULL TEXT

Muquim , Naimul (LL.M.) Strangers to citizenship : an analysis of the deplorable conditions of the Urdu-speaking community in Bangladesh ABSTRACT | FULL TEXT

Nosek , Grace (LL.M.) Climate change litigation and narrative : how to use litigation to tell compelling climate stories ABSTRACT | FULL TEXT

Olarewaju , Temitayo (LL.M.) The quest for development in chaos : what crisis events reveal about Nigeria’s legal system ABSTRACT | FULL TEXT

Tepre , Paul (LL.M.) Liability deficit problem of multinational corporate groups : a proposal for legislative and judicial reform ABSTRACT | FULL TEXT

Villaseñor Rodriguez , Fernando (Ph.D.) The constitutionalization of the right to social security : a comparative analysis between Japan and Mexico ABSTRACT | FULL TEXT

Zegrean , Ivona-Elena (LL.M.) Consumer welfare and private actions for damages in European Union competition law ABSTRACT | FULL TEXT

Bassett,  Andrea (LL.M.) A more nuanced approach to environmental hazards? : a critical review of the existence, priorities and scope of the Minamata Convention on Mercury ABSTRACT | FULL TEXT

Cloutier de Repentingny , Pierre (LL.M.) The sustainability of biofuels : a principled lifecycle assessment of the 2009 European Union Renewable Energy Directive and its framework ABSTRACT | FULL TEXT

Hammond,  Ama Fowa (Ph.D.) Towards an inclusive vision of law reform and legal pluralism in Ghana ABSTRACT | FULL TEXT

Hao,  Si (Ph.D.) Alleviating the corporate social responsibility reporting-performance inconsistency : a tentative proposal of the “reflexive law plus” model ABSTRACT | FULL TEXT

Kerluke , Michelle (LL.M.) Canadian trademarks and keyword advertising : the unsettled debate over trademark keywords ABSTRACT | FULL TEXT

Kiyani , Asad Ghaffar (Ph.D.) International crime and the politics of international criminal theory ABSTRACT | FULL TEXT

Liao,  Carol (Ph.D.) For-profit, non-profit, and hybrid : the global emergence of legally ‘good’ corporations and the Canadian experiment ABSTRACT | FULL TEXT

Liu , Yue (Ph.D.) Autonomy of Chinese judges : dynamics of people’s courts, the CPP and the public in contemporary judicial reform ABSTRACT | FULL TEXT

Levesque , Jordan (LL.M.) The right to be forgotten : no solution to the challenges of the digital environment ABSTRACT | FULL TEXT

Manley-Casimir,  Kirsten (Ph.D.) Reconceiving the duty to consult and accommodate Aboriginal peoples : a relational approach ABSTRACT | FULL TEXT

Nash , Brett Jason (LL.M.) Confluence of the law of fresh water resources and international trade : do Canada’s international trade obligations apply to Canada’s fresh water resources? ABSTRACT | FULL TEXT

Vogl , Anthea Fay (Ph.D.) Refugee status determination, narrative and the oral hearing in Australia and Canada ABSTRACT | FULL TEXT

Zhang,  Yulin (Ph.D.) Impartial resolution of disputes in China : an intellectual property perspective ABSTRACT | FULL TEXT

Adamski , Olivia-Nathale (LL.M.) Convertible preferred stock : testing the legal framework of the U.S. venture capital model in China ABSTRACT | FULL TEXT

Braun , Joy Anne Fay (L.L.M) An ethical process for elder mediators : responding to questions that arise when there are vulnerable or incapable participants} ABSTRACT | FULL TEXT

Bolton , Tessa (LL.M.) Potential and peril : incapacitation in the new age of international criminal law ABSTRACT | FULL TEXT

Caunt,  Lachlan (LL.M.) Hows, whys, and but-fors : theorizing, comparing and solution finding within the principle of material contribution to risk in the law of negligence ABSTRACT | FULL TEXT

Gibb-Carsley , John (L.L.M) Dealing with the dragon : what safeguards are required to make an extradition treaty between Canada and the People’s Republic of China conform to Canadian extradition law? ABSTRACT | FULL TEXT

Hawa , Husam Eddin (Ph.D.) Towards a higher standard for international disability rights and social justice : an Islamic perspective on the universal right to social welfare for people with special challenges ABSTRACT | FULL TEXT

Ifeonu , Eberechi (Ph.D.) An imperial beast of different species or international justice? : universal jurisdiction and the African Union’s opposition ABSTRACT | FULL TEXT

Johnston , Natalie (LL.M.) Interwoven legal traditions. The extent to which state based decision makers are engaging with indigenous legal traditions and the extent to which this is feasible : a celebration of an exceptional outcome ABSTRACT | FULL TEXT

Leslie , Jason (LL.M.) Pluralist moral theory in the philosophy and the legal form of the condominium ABSTRACT | FULL TEXT

Lund , Anna Jane Samis (Ph.D.) Discretionary decision-making by trustees in Canada’s personal bankruptcy system ABSTRACT | FULL TEXT

Luo , Jiajun (LL.M.) China toward Constitutionalism? Institutional development under the Socialist Rule of Law system ABSTRACT | FULL TEXT

Wojda , Magdalena A. (L.L.M) A focus on the risk of harm : applying a risk-centered purposive approach to the interpretation of “personal information” under Canadian data protection laws ABSTRACT | FULL TEXT

Abogado , Andrés (LL.M.) Mexican refugee claimants : cheating the system? ABSTRACT | FULL TEXT

Aikenhead , Moira (LL.M.) Revisions to Canada’s sentencing regime as a remedy to the over-incarceration of persons with mental disabilities ABSTRACT | FULL TEXT

Burnett , Tamara Ashley Margaret (LL.M.) Subtle expressions of gender inequality : exploring the application of aggravating and mitigating factors in sentencing decisions for sexual assault offences ABSTRACT | FULL TEXT

Clarkson , Alexander Ross (LL.M.) The jurisdiction to regulate aquaculture in Canada ABSTRACT | FULL TEXT

Cody , Michael (Ph.D.) Dialogic regulation : the talking cure for corporations ABSTRACT | FULL TEXT

Eluromma , Charles Onyehinim (LL.M.) Majority rule and minority protection in private corporations : a comparative appraisal of the problems and remedies under the Canadian and Nigerian jurisdiction ABSTRACT | FULL TEXT

Hawkshaw , Robert Stephen (LL.M.) Tax information exchange and the erosion of taxpayer privacy rights ABSTRACT | FULL TEXT

Jessiman,  Stacey Rae (LL.M.) Understanding and resolving cultural heritage repatriation disputes between indigenous peoples and museums ABSTRACT | FULL TEXT

Johnson , Michael Leonard (LL.M.) Guardianship law : doctrine, theory, objective ABSTRACT | FULL TEXT

Min , Jeewon (Ph.D.) Transnational law and borders in the Korean peninsula and beyond. ABSTRACT | FULL TEXT

Mosimann , Michael Peter (LL.M.) Corporate legal aspects of impact investments in British Columbia ABSTRACT | FULL TEXT

Ouatu , Marcela (LL.M.) Modified universalism for cross-border insolvencies : does it work in practice? ABSTRACT | FULL TEXT

Peihani , Maziar (Ph.D.) Basel committee on banking supervision : a post-crisis analysis of governance and accountability ABSTRACT | FULL TEXT

Ramirez-Espinosa , Naayeli Esperanza (Ph.D.) Indigenous struggles for land rights in Canada, Japan and Mexico : Delgamuukw, Nibutani Dam and Zirahuén ABSTRACT | FULL TEXT

Steenkamp , Tania (LL.M.) South Africa’s new bilateral investment treaty policy : a reasonable response to a flawed regime? ABSTRACT | FULL TEXT

Welch , Elizabeth Ann (LL.M.) Succumbing to the siren song : rape myths in sexual offender sentencing in B.C. ABSTRACT | FULL TEXT

Boardman , Charlotte Mary (LL.M.) Considering consideration : a critical and comparative analysis of the doctrine of consideration in the Anglo-Canadian common law ABSTRACT | FULL TEXT

Bowbrick , Graeme (LL.M.) Judicial compensation in Canada : an examination of the judicial compensation experience in selected Canadian jurisdictions 1990-2010 ABSTRACT | FULL TEXT

Cochran , Patricia (Ph.D.) “Common sense” and legal judgment : community knowledge, political power and rhetorical practice ABSTRACT | FULL TEXT

Djordjevic , Aleksandra (LL.M.) Has the international human rights paradigm failed lesbian, gay, bisexual and transgender people? If so, what can be done to fix it? ABSTRACT | FULL TEXT

Dyck , Jennifer (LL.M.) Stories from the front : realities of the over-incarceration of Aboriginal women in Canada ABSTRACT | FULL TEXT

Freckelton , Alan (LL.M.) The concept of deference in substantive review of administrative decisions in four common law countries ABSTRACT | FULL TEXT

Hilland , Andrea (LL.M.) Extinguishment by extirpation : the Nuxalk eulachon crisis ABSTRACT | FULL TEXT

Ilumoka , Adetoun Olabisi (Ph.D.) Legal imperialism and the democratisation of law: towards an African feminist jurisprudence on the development of land law and rights in Nigeria 1861-2011 ABSTRACT | FULL TEXT

Kaushal , Asha Pearl (Ph.D.) The jurisdiction of difference : groups and law ABSTRACT | FULL TEXT

Mackenzie , Ian Alan (LL.M.) Catching the fox : restricting the right to pre-trial silence in Canada ABSTRACT | FULL TEXT

Marsden , Sarah Grayce (Ph.D.) Law’s permissions, law’s exclusions : precarious migration status in Canada ABSTRACT | FULL TEXT

Parker , Sarah R. H. (LL.M.) Discretionary administrative decisions and the Charter of Rights : Doré and determining the “proportionate” balance ABSTRACT | FULL TEXT

Ponomarenko , Iryna (LL.M.) Proper proportions of law : justifying democratic credentials of proportionality analysis in constitutional adjudication ABSTRACT | FULL TEXT

Pudovskis , Matthew Stephen (LL.M.) Traditional ecological knowledge and environmental governance in Canada : the role of law and comprehensive agreements in facilitating incorporation ABSTRACT | FULL TEXT

Reayat , Irfan (LL.M.) Reconciling rhetoric and reality : putting “development” at the centre of the game ABSTRACT | FULL TEXT

Svanberg , Annika (LL.M.) “A unique approach to the liability of P2P intermediaries” : a comparative study of copyright liability of providers of peer-to-peer file sharing services in Canada and Sweden ABSTRACT | FULL TEXT

Wriley , Jennifer Lee (LL.M.) The evolution of credit bidding : its recent journey and logical next step ABSTRACT | FULL TEXT

Archer , Jennifer Lynne (LL.M.) Transcending sovereignty : locating Indigenous peoples in transboundary water law ABSTRACT | FULL TEXT

Au , Matthew Kingcheong (Ph.D.) Chinese socialism : an iterative perspective of the legal framework of market economies of the People’s Republic of China ABSTRACT | FULL TEXT

Dempsey , Alison Louise (Ph.D.) Principles, process, responsibility : exploring ethics as a meta-regulatory framework for evolving governance discourse ABSTRACT | FULL TEXT

Diab , Robert (Ph.D.), Imagined fears : from mass terror to authoritarian legality, and the future of liberal reform ABSTRACT | FULL TEXT

Donegá , Raul Pinheiro (LL.M.) Patterns of international financial regulation : a case study of sovereign wealth funds ABSTRACT | FULL TEXT

Ferguson , John A. (Ph.D.) International human trafficking in Canada : why so few prosecutions? ABSTRACT | FULL TEXT

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Botting , Gary (Ph.D.) Executive and Judicial Discretion in Extradition between Canada and the United States ABSTRACT | FULL TEXT

Gee , Karen (LL.M.) Professionalism, Self-Regulation, and the Problem of Dual Agency : the Residential Real Estate Industry in British Columbia ABSTRACT | FULL TEXT

Hausler , Kristin (LL.M.) Alternative Dispute Resolution and the Restitution of Stolen or Illegally Exported Cultural Property ABSTRACT | FULL TEXT

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Knight , Dean R. (LL.M.) Estoppel (principles?) in Public Law : The Substantive Protection of Legitimate Expectations ABSTRACT | FULL TEXT

Liu , Yanyan (LL.M.) Economic Dispute Resolution by Administrative Organs and Courts in China; From a Transparency Perspective ABSTRACT | FULL TEXT

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Tully , Erin McEachern (LL.M.) Climate Change Plan for Canada : Tax Policy and the Reduction of Greenhouse Gas Emissions ABSTRACT | FULL TEXT

Walewski , Paul M.A. (LL.M.) Combating International Terrorism : A Study of whether the Responses by the UK and US to the Events of 9/11 are Compatible with Respect for Fundamental Human Rights ABSTRACT | FULL TEXT

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Barrios , Paula (LL.M.) The Rotterdam Convention on Hazardous Chemicals and Pesticides : A Meaningful Step Towards Environmental Protection? ABSTRACT | FULL TEXT

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Mercan , Dennis (LL.M.) Whistle Blowing in the Public Service of Canada ABSTRACT | FULL TEXT

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Tshering , Norbu (LL.M.) A Comparison of Minority Shareholders’ Remedies in British Columbia and Bhutan ABSTRACT | FULL TEXT

Wang , Chao (LL.M.) National Treatment, Transparency, and Rule of Law : Evolving Issues on the Conformity of China’s Legal System with WTO’s Principles ABSTRACT | FULL TEXT

Wang , Chunyan (LL.M.) E-Commerce in China ABSTRACT | FULL TEXT

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Liu , Jinrong (LL.M. 1997) Corporate Governance in Publicly-Held Companies : Lessons for China’s Companies Limited by Shares ABSTRACT | FULL TEXT

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Barbour , Alan Norman (LL.M.) Judicial Respect for International Commercial Arbitraiton agreements in Canadian Courts Under the New York Convention and UNCITRAL Model Law ABSTRACT | FULL TEXT

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Mikus , Rudolf Alexander (LL.M.) The Reasonable Person in Substantive Canadian Criminal Law ABSTRACT | FULL TEXT

Mueller , Holger (LL.M.) The Adoption of the UNCITRAL Model Law by the Federal Republic of Germany in the Light of British Columbia’s Experiences ABSTRACT | FULL TEXT

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Reynolds , Larry A. (LL.M.) New Directions for Environmental Impairment Insurance in Canada ABSTRACT | FULL TEXT

Rose  Gregory John (LL.M.) Forfeiting Legal Fees with Proceeds of Crime : The Ability of Accused Persons to Pay ‘Reasonable Legal Fees’ out of Alleged Proceeds of Crime ABSTRACT | FULL TEXT

Tong , Dawna (LL.M.) Gatekeeping in Canadian Law Schools : A History of Exclusion, the Rule of “Merit”, and a Challenge to Contemporary Practices ABSTRACT | FULL TEXT

Willenbrock , Christel (LL.M.) Policy Analysis of Waste Management Legislation in Canada and Germany with a Focus on the Polluter Pays Principle ABSTRACT | FULL TEXT

Ziegelwanger , Vera (LL.M.) Plea Bargaining : A Comparative Study of Austrian and Canadian Law ABSTRACT | FULL TEXT

Amos , Jude Thaddeus (LL.M.) The Regulation of Direct Foreign Investment Under the Canada-United States Free Trade Agreement ABSTRACT | FULL TEXT

Barnes , Nana Kojo (LL.M.) The Legitimacy of the United Nations’ Use of Armed Force in Defence of the Fundamental Human Rights of Nationals ABSTRACT | FULL TEXT

Beveridge , Anne Elizabeth (LL.M.) The Body as Excuse; Biology, Sex and Crime : Intersection of Science, Gender and Law ABSTRACT | FULL TEXT

Bodie , J. Scott (LL.M.) The NAFTA’S Institutions and Dispute Resolution Mechanisms : A Case for Public Participation ABSTRACT | FULL TEXT

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Glynos , Leonidas Jason (LL.M.) Psychoanalytic Theory in the Context of a Transformative Politics ABSTRACT | FULL TEXT

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Kirk , Elizabeth Agnes (LL.M.) The Changing Shape of Sovereignty in International Environmental Law ABSTRACT | FULL TEXT

Li , Yuguo (LL.M.) China and GATT : A Comparative Study on the Issues of Mainland China, Hong Kong and Taiwan in International Organizations ABSTRACT | FULL TEXT

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Millbank , Jenni (LL.M.) What Do Lesbians Do? : Motherhood Ideology, Lesbian Mothers and Family Law ABSTRACT | FULL TEXT

Mosoff , Judith (LL.M.) Motherhood, Madness, and the Role of the State ABSTRACT | FULL TEXT

Sidebothom , Naomi Elizabeth (LL.M.) Jurisidictional Review : An Error of Jurisdiction or Jurisprudence? ABSTRACT | FULL TEXT

Terrett , Andrew J. (LL.M.) Neural Networks for Legal Quantum Prediction ABSTRACT | FULL TEXT

Yamauchi , Keith Dennis (LL.M.) The Reorganization of Insolvent Businesses : A Functional Comparison of the Canadian and American Models ABSTRACT | FULL TEXT

Zhang , Yulin (LL.M.) International Arbitral Jurisdiction ABSTRACT | FULL TEXT

Aucoin , Louise (LL.M.) Environmental Audits : A Multi-Stakeholder Perspective ABSTRACT | FULL TEXT

Beteta , Armando F. (LL.M.) International Trade and Legal Modernization : Effects of Mexico’s Membership on the North America Free Trade Agreement ABSTRACT | FULL TEXT

Braithwaite , Murray James (LL.M.) Prolegomena to a Postmodern Theory of Law ABSTRACT | FULL TEXT

Cai , Tong (LL.M.) Control of Land-Based Marine Pollution in Southeast Asia : A Legal Perspective ABSTRACT | FULL TEXT

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Edwards , Richard Charles Edwards (LL.M.) The Legal Fact as a Work of Art : Artificial Intelligence and the Pragmatics of Legal Interpretation ABSTRACT | FULL TEXT

Findlay , Caroline K.H. (LL.M.) Pollution Control, Administrative Discretion, and Science : A Journey Through the Maze of Environmental Law ABSTRACT | FULL TEXT

Horner , Jessie Joyce (LL.M.) Sexual Assault : Public Debate and Criminal Law Reform ABSTRACT | FULL TEXT

Nowlin , Christopher Jon (LL.M.) Sexist Implications of Law’s Fidelity to Science and Reason ABSTRACT | FULL TEXT

Oyama , Kuniko (LL.M.) Legal Controls on Corporate Management in Japan : Comparison with Common Law Jurisdictions ABSTRACT | FULL TEXT

Qi , Xiaodong (LL.M.) A Comparative Study of the Ownership Control vs. Management Right Issue Between the Chinese Enterprise Laws and Canadian Corporate Laws< ABSTRACT | FULL TEXT

Reindel , Florian (LL.M.) Inter-American Human Rights Protection : How Methods and Rules of Interpretation are Being Framed ABSTRACT | FULL TEXT

Smallwood , Kate Penelope (LL.M.) Coming out of Hibernation : The Canadian Public Trust Doctrine ABSTRACT | FULL TEXT

Xin , Kelei (LL.M.) The Role of Law and Policy in the Offshore Petroleum Development of China ABSTRACT | FULL TEXT

Yan , Yibing (LL.M.) A Non-Market Economy’s Admission to the General Agreement on Tariffs and Trade – China’s Unique Situation ABSTRACT | FULL TEXT

Yin , Li (LL.M.) A Comparative Study of the Contract Remedy Systems Between Anglo-American and Chinese Law ABSTRACT | FULL TEXT

Banks , Nancy Kathleen (LL.M.) All I’m Asking for is a Little Respect : Equality Rights and Same-Sex Spousal Benefits ABSTRACT | FULL TEXT

Burns , Wayne Douglas (LL.M.) Thailand and International Law ABSTRACT | FULL TEXT

Frankenberger , Anke (LL.M. ) Regulations and Their Review in the People’s Republic of China ABSTRACT | FULL TEXT

Jamieson , Eugene Christopher (LL.M.) The Legality of the New Industrial Relations ABSTRACT | FULL TEXT

Johnston , William Wayne (LL.M.) Autonomous Aboriginal Criminal Justice and the Charter of Rights ABSTRACT | FULL TEXT

Leane , Geoffrey W.G. (LL.M.) “Environmental Law” or “Development Law” : Deconstructing Liberal Guilt ABSTRACT | FULL TEXT

Michie , Jane Heddle (LL.M.) Tax Avoidance : The Canadian Experience ABSTRACT | FULL TEXT

Nakamura , Miyako (LL.M.) Women Workers in Export Processing Zones in Asia : A Political Economy Perspective ABSTRACT | FULL TEXT

Omonuwa , Adesuwa Nore (LL.M.) The European Communities and African, Caribbean and Pacific (ACP) Countries : Political, Economic and Legal Effects of the Single European Act 1986 on Post-1992 Economic Relations ABSTRACT | FULL TEXT

Rankin , Mark W.J. (LL.M.) The Role of a Board of Directors in Responding to an Unsolicited Takeover Bid ABSTRACT | FULL TEXT

Riihijarvi,  , Marja Kristiina (LL.M.) Penalizing Corporations for Environmental Offences : A Comparative Study of the Canadian Experience and the Finnish Law Proposal ABSTRACT | FULL TEXT

Walker , Patrick (LL.M.) Crown-Aboriginal Fiduciary Relationships : False Optimism or Realistic Expectations? ABSTRACT | FULL TEXT

Al Sheddi , Abdullah (LL.M.) The legal regime of international straits : a case study of the legal and political implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Anyadiegwu , Okay Hyacinth (LL.M.) Minority Shareholder’s Remedies in Corporate Law ABSTRACT | FULL TEXT

Bowman , John Ramsay (LL.M.) Cruel and Unusual Punishment : Prisoner’s Rights in the 1990’s ABSTRACT | FULL TEXT

Kimber , Cliona Janet Marie (LL.M.) Self-Determination for Women ABSTRACT | FULL TEXT

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Sheddi , Abdullah Al (LL.M.) The Legal Regime of International Straits : A Case Study of the Legal and Political Implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Sievers , Monika (LL.M.) Liberalization of Foreign Direct Investment : Europe 1992 and the U.S.-Canada Free Trade Agreement ABSTRACT FULL TEXT

Wright , David Malcolm (LL.M.) Fiduciaries in a Commercial Context ABSTRACT | FULL TEXT

Zafar , Yasmeen (LL.M.) Feminism, Psychoanalysis and Postmodernism : Bridgin the Discourses ABSTRACT | FULL TEXT

Al-Ajaji , Mohammed S.M. (LL.M.) The League of Arab States and the Promotion and Protection of Human Rights ABSTRACT | FULL TEXT

Aqorau , Transform (LL.M.) Tuna Management and UNCLOS : Implementation of UNCLOS throught the Forum Fisheries Agency ABSTRACT | FULL TEXT

Carver , Peter John (LL.M.) Millar v. Taylor (1769) and the New Property of the Eighteenth Century ABSTRACT | FULL TEXT

German , Peter Maurice (LL.M.) Confiscating the Proceeds of Crime : The Amendments of Canada’s Criminal Code, their Force and Effect ABSTRACT | FULL TEXT

Kowalski , Andrzej (LL.M.) Beyond rule-based legal expert systems : using frames and case-based reasoning to analyze the tort of malicious prosecution ABSTRACT | FULL TEXT

Paton , Elizabeth Katrine (LL.M.) Privacy Law and the Media ABSTRACT | FULL TEXT

Pawluk , Lorna A. (LL.M.) Variable Compensation in British Columbia ABSTRACT | FULL TEXT

Sigrist , Pierre (LL.M.) Standby Letters of Credit and Fraud ABSTRACT | FULL TEXT

Violet , Ian (LL.M.) The Allocation of Responsibility for the Maintenance of the Single Parent Family ABSTRACT | FULL TEXT

Xia , Yao Yuan (LL.M.) Reconciliation of Non-Market Economies : GATT Trade Rules ABSTRACT | FULL TEXT

Bell , Catherine Edith (LL.M.) Metis Aboriginal Title ABSTRACT | FULL TEXT

Candelaria , Sedfrey Martinez (LL.M.) State Responsibility and International Financial Obligations : A Case Study of the International Monetary Fund Stand-By Arrangements with Developing Country Members ABSTRACT | FULL TEXT

Chukwumerije , Okezie (LL.M.) Soveriegn Immunity and Transnational Arbitration ABSTRACT | FULL TEXT

Kajoba , Moses (LL.M.) The Human and Peoples’ Rights and Armed Conflicts in Africa ABSTRACT | FULL TEXT

Moorman , David Guy (LL.M.) Vertical Restraints in the Distribution Process Under New Zealand Competition Law ABSTRACT | FULL TEXT

Orie , Kenneth Kanu (LL.M.) Managing the Less Developed Countries’ Debt Problem ABSTRACT | FULL TEXT

Osborne , Judith Anne (LL.M.) The Legal Status of Lottery Schemes in Canada : Changing the Rules of the Game ABSTRACT | FULL TEXT

Simpson , Gerry J. (LL.M.) The Right of Secession in International Law : A New Theory of Legitimacy ABSTRACT | FULL TEXT

Amighetti , Leopold (LL.M.) Testamentary Freedom Against Provisions for Families; The Evolution of Dependents’ Relief Legislation, with Particular Emphasis on the Province of British Columbia, as a Flexible Restraint on Testamentary Freedom ABSTRACT | FULL TEXT

Anderson , Harold Andreas (LL.M.) Economic Analysis of Risk to Goods in Transit ABSTRACT | FULL TEXT

Black , Alexander Joseph (LL.M.) Canadian Natural Gas Deregulation ABSTRACT | FULL TEXT

Blackman , Susan Jane (LL.M.) Expert Systems in Case-Based Law : The Rule Against Hearsay ABSTRACT | FULL TEXT

Harders , Johannes Enno (LL.M.) Environmental Protection of the Circumpolar Arctic Waters : A comparative Study and an Appraisal of the National Regulatory Systems ABSTRACT | FULL TEXT

Hughes , Elaine Lois (LL.M.) The Development of Ocean Incineration Law in Canada ABSTRACT | FULL TEXT

Hunter , Fiona (LL.M.) A Trust as an Alternative to a Will? ABSTRACT | FULL TEXT

Jackson , Michael Ian (LL.M.) Subrogation, Suretyship, and the Law of Restitution ABSTRACT | FULL TEXT

Smith , Donald Myles (LL.M.) Title to Indian Reserves in British Columbia : A Critical Analysis of Order in Council 1036 ABSTRACT | FULL TEXT

Williams , Joseph Victor (LL.M.) Te Mana Motuhake Me Te Iwi Maori : Indigenous Self Determination ABSTRACT | FULL TEXT

Deedman , G.C. (LL.M.) Building Rule-Based Expert Systems in Case-Based Law ABSTRACT | FULL TEXT

Gardner , Alexander Walter (LL.M.) Negotiation and Agreements in Integrated Resources Management ABSTRACT | FULL TEXT

Hutchings , Patricia Margaret (LL.M.) The Argument for the Application of the Royal Proclamation of 1763 to British Columbia : Its Force and Effect ABSTRACT | FULL TEXT

Kaufmann , Manfred Max (LL.M.) Unjust Enrichment and the Recovery of Money Mistakenly Paid ABSTRACT | FULL TEXT

Meredith , Deborah Jean (LL.M.) Consumer Protection in the Condominium Purchase – The Purchaser’s Perspective ABSTRACT | FULL TEXT

Nakayama , Kiyoshi (LL.M.) Transfer Pricing Taxation – Canadian Perspective and Japanese Perspective ABSTRACT | FULL TEXT

Reuter , Michael F.M. (LL.M.) Some Implications of the Canadian Tax Law on Foreign Investments in Canada – A German Perspective ABSTRACT | FULL TEXT

Rowntree , Lenore Ruth (LL.M.) Innovations in the Law of Lending : A Study of the Participation Mortgage and a Proposal for Reform of the Law of Commercial Mortgages ABSTRACT | FULL TEXT

Urapeepatanapong , Kitipong (LL.M.) Legal Aspects of Countertrade under the General Agreement on Tariffs and Trade and the National Laws of Canada and Thailand ABSTRACT | FULL TEXT

Ishikawa , Shoichiro (LL.M.) Electronic Surveillance and the Police : A Comparative Study of the Canadian and Japanese Systems ABSTRACT | FULL TEXT

Orr , Stewart Douglas (LL.M.) An Analysis of Heritage Property Legislation : Balancing the Public Interest with Protection for the Property Owner ABSTRACT | FULL TEXT

Sharma , Kavita A. (LL.M.) Ownership and Control of Foreign Direct Investment : India and Canada ABSTRACT | FULL TEXT

Dent , Douglas Edward (LL.M.) The Small Business deduction and a Canadian Tax on Unreasonable Accumulations ABSTRACT | FULL TEXT

Johnson , Patricia Anne (LL.M.) The Taxation of Trust Income : Some Inherent Problems and Comparative Perspectives ABSTRACT | FULL TEXT

Jones-Desjarlais , Jennifer Lynn (LL.M.) The Scales of Justice or the Native Claim to the Management of Reserve Fisheries ABSTRACT | FULL TEXT

Rozefort , Wallace (LL.M.) Criminal Prosecution, the Defence of Religious Freedom and the Canadian Charter ABSTRACT | FULL TEXT

Smeltzer , Gerald Gilbert (LL.M.) Legal Rights to Information and Skilled Employees in the Computer Industry ABSTRACT | FULL TEXT

Ward , Ian Robert (LL.M.) Misleading Government Information : An Analysis of the Legal Remedies Available to the Affected Citizens ABSTRACT | FULL TEXT

Barton , Barry John (LL.M.) Surface Rights Under the Mineral Act of British Columbia ABSTRACT | FULL TEXT

Sarpong , George Agyemang (LL.M.) The Impact of the Law of the Sea Convention on Vessel-Source Pollution Enforcement in the Exclusive Economic Zone ABSTRACT | FULL TEXT

Sutherland , Elaine Elizabeth (LL.M.) The Development of the Implied Terms on Quality and Fitness in Sale of Goods in Britain and Canada ABSTRACT | FULL TEXT

Umaru , Juliet Lami (LL.M.) Choice of Law in International Commercial Arbitration ABSTRACT | FULL TEXT

Zafer , Muhammad Masoud Uz (LL.M.) Strikes in Essential Services in British Columbia ABSTRACT | FULL TEXT

Dennis , Sally (LL.M.) Gifts to Unincorporated Associations ABSTRACT | FULL TEXT

Hand , Mary (LL.M.) Divisible Assets in Common Law Canada ABSTRACT | FULL TEXT

Imai , Hiroshi (LL.M.) The Role of Case Law in Japan : A Comparative Study of Japanese and Canadian Company Law ABSTRACT | FULL TEXT

Jessiman , John Lewis Jon (LL.M.) A Second Look at the Mareva Injuction ABSTRACT | FULL TEXT

Joseph , Philip Austin (LL.M.) The Policies Underlying Interest Dispute Settlement in British Columbia and New Zealand ABSTRACT | FULL TEXT

Toriumi , Tetsuro (LL.M.) Directors’ Duty of Care, Diligence and Skill : A Comparative Study of Japanese and Canadian Law ABSTRACT | FULL TEXT

Tremblay , Luc (LL.M.) From Substantive Due Process to Substantive Principles of Fundamental Justice ABSTRACT | FULL TEXT

Brockman , Joan (LL.M.) Subjecting the Corporation to Criminal Sanctions : A Review of the Issues ABSTRACT | FULL TEXT

Reid , Nichola Jane Williams (LL.M.) Conflicts in Divorce Jurisdiction and Recognition ABSTRACT | FULL TEXT

Choong , Thung-Cheong (LL.M.) The Protection of Absentee Owners of Public Corporations in Canada – a Realistic Analysis of the Problems and Some Thoughts on Solutions ABSTRACT | FULL TEXT

Rowland-Rouse , Jacqueline (LL.M.) The Strategic Use of Intellectual and Industrial Property Laws to Maintain and Extend a Dominant Position in the Pharmaceutical Industry ABSTRACT | FULL TEXT

Salvatori , Peter E. (LL.M.) Capital Gains and Surplus Stripping ABSTRACT | FULL TEXT

Bankes , Nigel David (LL.M.) The International Law of Shared Natural Resources : A Case Study of an International Wildlife Range Between Alaska and the Yukon ABSTRACT | FULL TEXT

Kimuli , Moses Aldrin (LL.M.) Legal Aspects of Public or Crown Corporations in Canada ABSTRACT | FULL TEXT

Kroft , Edwin Grant (LL.M.) The “Going Private” Transaction : A Genre of Minority Shareholder Squeezeout ABSTRACT | FULL TEXT

Zaharko , Janice (LL.M.) Procedures for Transferring to British Columbia the Federal Government’s Interest in Offshore Oil and Gas ABSTRACT | FULL TEXT

Exner , Heidi Maria (LL.M.) Trade Practices Legislation : The British Columbia Experience ABSTRACT | FULL TEXT

MacLean , Murdo (LL.M.) A Study of the Legal Aspects of Abortive Contract Negotiations ABSTRACT | FULL TEXT

McPhillips , David C. (LL.M.) Employer Free Speech During Organization Drives and Decertification Campaigns ABSTRACT | FULL TEXT

Strickland , Steven Andrew (LL.M.) Increasing the Emphasis on the Child in the Resolution of Custody Disputes ABSTRACT | FULL TEXT

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Jordan , Donald James (LL.M.) Unit Determination under the Labour Code ABSTRACT | FULL TEXT

Parup , Mats Stefan (LL.M.) Procedural Safeguards in the Administrative Process ABSTRACT | FULL TEXT

Boettcher , Jens (LL.M.) The International Joint Commission – with Special Emphasis on the Great Lakes Water Quality Agreement. A View from the Canadian Side ABSTRACT | FULL TEXT

Marshall , Joan Snape (LL.M.) The Reception of English Law as a Modern Legal Problem ABSTRACT | FULL TEXT

Simcock , David Keith (LL.M.) Shareholder’s Personal Actions – A Comparative Study ABSTRACT | FULL TEXT

Ashton , Ronald Shaw (LL.M.) The Insurance of Environmental Risks ABSTRACT | FULL TEXT

Mackenzie , James M.(LL.M.) Environmental Management of Coastal Forests in British Columbia : An Ecolegal Analysis ABSTRACT | FULL TEXT

Wolfson , Lorne Howard (LL.M.) Juvenile Delinquents, Young Offenders and Young Persons in Conflict with the Law : A Study of Juvenile Delinquency Law Reform in Canada ABSTRACT | FULL TEXT

Young , Charles A. (LL.M.) Liability for Marine Pollution ABSTRACT | FULL TEXT

Curwood , James Arthur (LL.M.) The Law of Annual General Meetings Examined from a Perspective of Certain Economic Theories ABSTRACT | FULL TEXT

Crommelin , Michael (Ph.D.) Studies in Government Management of Oil and Gas Resources in Canada ABSTRACT | FULL TEXT

McCallum , Sandra Kathleen (LL.M.) Environmental Impact Assessment : A Comparative Study of the Effect of Federal Institutional Arrangements Upon Environmental Impact Assessment Procedures in Canada and the United States ABSTRACT | FULL TEXT

Waldron , Mary Anne (LL.M.) The Process of Law Reform : Focus on the New B.C. Companies Act ABSTRACT | FULL TEXT

Attewell , Nicholas Charles (LL.M.) The Capital Gains Taxation of Corporations and Shareholders in the United Kingdom and Canada ABSTRACT | FULL TEXT

Weibel , Rolando (LL.M.) The Quest for a New Management Structure in European Company Law ABSTRACT | FULL TEXT

Bonzanigo , Rocco (LL.M.) Canadian Taxation of Business and Investment Income of Non-Residents ABSTRACT | FULL TEXT

Crommelin , Michael (LL.M.) Allocation of Rights Over Offshore Oil and Gas Resources ABSTRACT | FULL TEXT

Switzer , James G. (LL.M.) The Legal Standing of Canadian Environmental Control Organizations ABSTRACT | FULL TEXT

Tremblay , Guy (LL.M.) Canadian Citizenship Laws : Two Facets ABSTRACT | FULL TEXT

Wade , John Harington (LL.M.) Morals and the Enforcement of Values : An Analysis of the Hart-Devlin Debate ABSTRACT | FULL TEXT

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Bhavnani , Narain G. (LL.M.) Sexual Offences in Canada ABSTRACT | FULL TEXT

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Carver , Peter John (LL.M. 1990) Millar v. Taylor (1769) and the New Property of the Eighteenth Century ABSTRACT | FULL TEXT

Caunt,  Lachlan (LL.M. 2015) Hows, whys, and but-fors : theorizing, comparing and solution finding within the principle of material contribution to risk in the law of negligence ABSTRACT | FULL TEXT

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Charvat , Lori (LL.M. 2002) Promises and Challenges of Internal Dispute Resolution in the Corporate Workplace ABSTRACT | FULL TEXT

Chen , Charng-Ven (LL.M. 1969) The Problems of Micro-States in International Law ABSTRACT | FULL TEXT

Chen , Hsiao-Ting (LL.M. 2000) Is Taiwan Ready for the Challenge of the WTO? : An Examination of Taiwan’s Import Safeguard Clauses from a Comparative Perspective ABSTRACT | FULL TEXT

Chen , Jia (LL.M. 1996) Western Countries’ Antidumping Laws Against Non-market Economy Countries and China’s Reaction ABSTRACT | FULL TEXT

Chen , Min (LL.M. 1999) Abused Women and Their Protection in China ABSTRACT | FULL TEXT

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Choong , Thung-Cheong (LL.M. 1981) The Protection of Absentee Owners of Public Corporations in Canada – a Realistic Analysis of the Problems and Some Thoughts on Solutions ABSTRACT | FULL TEXT

Chow , Catherine W. (LL.M. 2007) Chinatown geographies and the politics of race, space and the law ABSTRACT | FULL TEXT

Chrest , Shelley (LL.M. 2006) The Public Interest in Addressing Systemic Discrimination in British Columbia : A Comparison of Human Rights Enforcement Models ABSTRACT | FULL TEXT

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Clarkson , Alexander Ross (LL.M. 2014) The jurisdiction to regulate aquaculture in Canada ABSTRACT | FULL TEXT

Cloutier de Repentingny , Pierre (LL.M. 2016) The sustainability of biofuels : a principled lifecycle assessment of the 2009 European Union Renewable Energy Directive and its framework ABSTRACT | FULL TEXT

Cochran , Patricia (Ph.D. 2013) “Common sense” and legal judgment : community knowledge, political power and rhetorical practice ABSTRACT | FULL TEXT

Cody , Michael David (LL.M. 2006) The Corporation is a Social Institution ABSTRACT | FULL TEXT

Cody , Michael (Ph.D. 2014) Dialogic regulations : the talking cure for corporations ABSTRACT | FULL TEXT

Collins , Lynda (LL.M. 2006) Doctrine of Intergenerational Equity in Global Environmental Governance ABSTRACT | FULL TEXT

Colvin , Craig Grierson (LL.M. 1993) Prometheus Unbound : Towards the More Precise Proscription of the Socially Undesirable Market Conduct Associated with Dominance ABSTRACT | FULL TEXT

Cook , Graham (LL.M. 2001) Importing GATT/WTO Jurisprudence into NAFTA Chapter Eleven to Define the Standards of International Investment Law ABSTRACT | FULL TEXT

Cordeiro , Jamil (LL.M. 2005) The North-South Dimension of Health in the International Law of Environment and Sustainable Development ABSTRACT | FULL TEXT

Cornejo , Sofia (LL.M. 2021) No parents left behind : a feminist and intersectional perspective on Canadian and Argentine parental leave laws ABSTRACT | FULL TEXT

Crommelin , Michael (LL.M. 1972) Allocation of Rights Over Offshore Oil and Gas Resources ABSTRACT | FULL TEXT

Crommelin , Michael (Ph.D. 1974) Studies in Government Management of Oil and Gas Resources in Canada ABSTRACT | FULL TEXT

Crompton , Lynda Jean (LL.M. 2006)

Prisoners of democracy : the Lil’wat’s right to an impartial tribunal ; an analysis of the Lillooet Lake roadblock case ABSTRACT | FULL TEXT

Cuenca , Joseph Gerard B. (LL.M. 1998) Filipina Live-In Caregivers in Canada : Migrants’ Rights and Labor Issues (A Policy Analysis) ABSTRACT | FULL TEXT

Cumming , Kaitlyn (LL.M. 2020) Current trends in Canadian civil justice system reform : manufactured simplicity or equitable access to justice? ABSTRACT | FULL TEXT

Curwood , James Arthur (LL.M. 1975) The Law of Annual General Meetings Examined from a Perspective of Certain Economic Theories ABSTRACT | FULL TEXT

Daly , Gillian (LL.M. 1999) Social Rights : The Implications of Selective Constitutionalisation ABSTRACT | FULL TEXT

Davenport , Geoff (LL.M. 1998) Bargaining in Good Faith in the New Zealand Labour Market : Rhetoric or Reality? ABSTRACT | FULL TEXT

David , Lisa (LL.M. 2010) Wrongful Convictions : A Review and Assessment of Miscarriage of Justice in Canada ABSTRACT | FULL TEXT

Deedman , G.C. (LL.M. 1987) Building Rule-Based Expert Systems in Case-Based Law ABSTRACT | FULL TEXT

de Freitas , Bruno Osmar Vergini (LL.M. 2011) Restorative justice, intersectionality theory and domestic violence : epistemic problems in indigenous settings ABSTRACT | FULL TEXT

Degoldi , Brett Raymond (LL.M. 2007) Lawyers’ Experiences of Collaborative Family Law ABSTRACT | FULL TEXT

Dempsey , Alison Louise (Ph.D. 2012)

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Dennis , Sally (LL.M 1983) Gifts to Unincorporated Associations ABSTRACT | FULL TEXT

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Diab , Robert (LL.M. 2007) Terrorism and the Administration of Justice in Canada ABSTRACT | FULL TEXT

Diab , Robert (Ph.D. 2012) Imagined fears : from mass terror to authoritarian legality, and the future of liberal reform ABSTRACT | FULL TEXT

Dieleman , Carmelle (LL.M. 2019) Preserving the Charter in administrative law : a critique of the Supreme Court of Canada’s decision in Law Society of British Columbia v. Trinity Western University ABSTRACT | FULL TEXT

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Doelker , Andreas (LL.M. 2010) Self-Regulation and Co-Regulation : Prospects and Boundaries in an Online Environment ABSTRACT | FULL TEXT

Dogra , H.K. (LL.M. 1966) The Jurisprudence of the International Court of Justice : Customary International Law; State Sovereignty; and the Domestic Jurisdiction ABSTRACT | FULL TEXT

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Dorough,  Darlene (Dalee) Sambo (Ph.D. 2002) The Status and Rights of Indigenous Peoples in International Law : The Quest for Equality ABSTRACT | FULL TEXT

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Duncan , Emmet John (LL.M. 1998) Challenging the Monologues : Toward an Intercultural Approach to Aboriginal Rights ABSTRACT | FULL TEXT

Duruike , Princess (LL.M. 2018) Climate change litigation and corporate accountability in Nigeria : the pathway to climate justice? ABSTRACT | FULL TEXT

Dyck , Jennifer (LL.M. 2013) Stories from the front : realities of the over-incarceration of Aboriginal women in Canada ABSTRACT | FULL TEXT

Dzah , Godwin Eli Kwadzo (Ph.D. 2021) Sustainable development : Africa’s hidden and not-so-hidden contribution to its law, politics, and history ABSTRACT | FULL TEXT

Edwards , Maxwell (LL.M. 2021) Regulatory capture in Canadian environmental decision-making ABSTRACT | FULL TEXT

Edwards , Richard Charles Edwards (LL.M. 1993) The Legal Fact as a Work of Art : Artificial Intelligence and the Pragmatics of Legal Interpretation ABSTRACT | FULL TEXT

Eggen , Mirjam (LL.M. 2010) Transparency Rules for Derivatives, Mutual Funds and Bonds : A Comparative Analysis of Canadian, Swiss and German Laws ABSTRACT | FULL TEXT

Ellis , Jaye Dana (LL.M. 1997) Beyond Territoriality : International Regimes for the Control of Land-Based Marine Pollution ABSTRACT | FULL TEXT

Ellison , Hannah (LL.M. 2023) Empowering autonomy : a novel approach to the right to accessible abortion : exploring realities from the perspective of abortion seekers in Canada and England and Wales ABSTRACT | FULL TEXT

Eluromma , Charles Onyehinim (LL.M. 2014) Majority rule and minority protection in private corporations : a comparative appraisal of the problems and remedies under the Canadian and Nigerian jurisdictions ABSTRACT | FULL TEXT

Exner , Heidi Maria (LL.M. 1979) Trade Practices Legislation : The British Columbia Experience ABSTRACT | FULL TEXT

Eze , Chinenye Helen (LL.M. 2022) Beyond finders keepers : bioprospecting, patents and human genetic materials ABSTRACT | FULL TEXT

Eze , Nicholas Chinedu (LL.M. 2011)

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Ezetah , Chinedu Reginald (LL.M. 1997) Legitimate Governance and Statehood in Africa : Beyond the Failed State & Colonial Self-determination ABSTRACT | FULL TEXT

Fagbongbe , Mosope Doris (Ph.D. 2010) Reconstructing Women’s Rights in Africa Using the African Regional Human Rights Regime : Problems and Possibilities ABSTRACT | FULL TEXT

Fairlie , John (LL.M. 2003) The Canadian Approach to Negligent Misrepresentation : A Critique of the Reliance Model of Liability ABSTRACT | FULL TEXT

Falconer , Louise Morag (LL.M. 2002) Colonies, Condoms and Corsets : Fertility Regulation in Australia and Canada ABSTRACT | FULL TEXT

Fegan , Eileen Veronica (LL.M. 1994) Abortion, Law and the Ideology of Motherhood : New Perspectives on Old Problems ABSTRACT | FULL TEXT

Ferguson , John A. (Ph.D. 2012) International human trafficking in Canada : why so few prosecutions? ABSTRACT | FULL TEXT

Findlay , Caroline K.H. (LL.M. 1993) Pollution Control, Administrative Discretion, and Science : A Journey Through the Maze of Environmental Law ABSTRACT | FULL TEXT

Fixter , Brian L. (LL.M. 2012) An ounce of prevention : the legal and business case for the implementation of workplace wellness programs ABSTRACT | FULL TEXT

Foster , William F. (LL.M. 1968) Fact Finding and the World Court ABSTRACT | FULL TEXT

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Freckelton,  Alan (LL.M. 2013) The concept of deference in substantive review of administrative decisions in four common law countries ABSTRACT | FULL TEXT

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Garcia , Regiane Alves (Ph.D. 2018) Advancing citizen participation in health governance and the right to health in Brazil: the role of the national health council ABSTRACT | FULL TEXT

Gardner , Alexander Walter (LL.M. 1987) Negotiation and Agreements in Integrated Resources Management ABSTRACT | FULL TEXT

Gee , Karen (LL.M. 2004) Professionalism, Self-Regulation, and the Problem of Dual Agency : the Residential Real Estate Industry in British Columbia ABSTRACT | FULL TEXT

German , Peter Maurice (LL.M. 1990) Confiscating the Proceeds of Crime : The Amendments of Canada’s Criminal Code, their Force and Effect ABSTRACT | FULL TEXT

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Ghitter , Corinne Louise (LL.M. 2000) Potential Value : A Challenge to the Quantification of Damages for Loss of Earning Capacity for Female and Aboriginal Plaintiffs ABSTRACT | FULL TEXT

Gibb-Carsley , John (L.L.M. 2015) Dealing with the dragon : what safeguards are required to make an extradition treaty between Canada and the People’s Republic of China conform to Canadian extradition law? ABSTRACT | FULL TEXT

Gilmour , Thomas (LL.M. 2023) “Revitalizing” environmental assessment : interpreting the Environmental Assessment Act in light of the United Nations Declaration on the Rights of Indigenous Peoples ABSTRACT | FULL TEXT

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Grattan , Donald Scott (LL.M. 1996) People and Place as Norms in Multistate Tort Adjudication ABSTRACT | FULL TEXT

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Grewal , Rajbir Singh(LL.M. 2008) Towards Integrity in Tax Law : The Problem of Form and Substance in Canadian Tax Jurisprudence ABSTRACT | FULL TEXT

Guan , Wenwei (Ph.D. 2009) Selective Adaptation and Legitimacy : Public-Private Dynamics in China’s TRIPS Compliance ABSTRACT | FULL TEXT

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Haggerty , Bernard P.(Ph.D. 2008) Hate Crime Law & Social Contention : A Comparison of Nongovernmental Knowledge Practices in Canada & the United States ABSTRACT | FULL TEXT

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Olarewaju,  Temitayo (L.L.M 2017) The quest for development in chaos : what crisis events reveal about Nigeria’s legal system ABSTRACT | | FULL TEXT

Olyaei , Shiva (LL.M. 2007) “The Two Sides of the Same Coin” A Critical Study of the Freedom of Religious Expression on the Current Headscarf Controversies ABSTRACT | | FULL TEXT

Olyaei , Shiva (Ph.D 2018) A critical analysis of the role of law and feminist legal approaches in women’s life advancement : a case study of the one million signatures campaign ABSTRACT | FULL TEXT

Omonuwa , Adesuwa Nore (LL.M. 1992) The European Communities and African, Caribbean and Pacific (ACP) Countries : Political, Economic and Legal Effects of the Single European Act 1986 on Post-1992 Economic Relations ABSTRACT | FULL TEXT

Omotor , Stanley Oghenevwairhe (LL.M. 2022) Sustaining the corporate income tax rates of small businesses in developing economies : lessons for Nigeria from Canada, South Africa, and the UK ABSTRACT | FULL TEXT

Omotosho , Mariam Ololade (LL.M. 2021) Impact of regulatory frameworks on informal cross border trade in Nigeria : a case study of the rice import restriction and border closure of 2019 ABSTRACT | FULL TEXT

Orie , Kenneth Kanu (LL.M. 1989) Managing the Less Developed Countries’ Debt Problem ABSTRACT | FULL TEXT

Orr , Stewart Douglas (LL.M. 1986) An Analysis of Heritage Property Legislation : Balancing the Public Interest with Protection for the Property Owner ABSTRACT | FULL TEXT

Osborne , Judith Anne (LL.M. 1989) The Legal Status of Lottery Schemes in Canada : Changing the Rules of the Game ABSTRACT | FULL TEXT

Oshynko , Norma Anne (LL.M. 2002) No Safe Place : The Legal Regulation of Street Harassment ABSTRACT | FULL TEXT

Ouatu , Marcela (LL.M. 2014) Modified universalism for cross-border insolvencies : does it work in practice? ABSTRACT | FULL TEXT

Owen , Simon Matthew (LL.M. 2010) The Ground Beneath our Speech : Moral Ordering in Plea-Based Criminal Justice ABSTRACT | FULL TEXT

Oyama , Kuniko (LL.M. 1993) Legal Controls on Corporate Management in Japan : Comparison with Common Law Jurisdictions ABSTRACT | FULL TEXT

Pahuja , Sundhya (LL.M. 1999) Normalizing Pathologies of Difference : The Discursive Functions of IMF Conditionality ABSTRACT | FULL TEXT

Parker , David Richard (LL.M. 1996) Beyond Command and Control : Do Voluntary Initiatives Hold Promise for Enhanced Environmental Protection? ABSTRACT  |  FULL TEXT

Parker , Sarah R. H. (LL.M. 2013) Discretionary administrative decisions and the Charter of Rights : Doré and determining the “proportionate” balance ABSTRACT | FULL TEXT

Parup , Mats Stefan (LL.M. 1978) Procedural Safeguards in the Administrative Process ABSTRACT | FULL TEXT

Parker , David Richard (LL.M. 1996) Beyond Command and Control : Do Voluntary Initiatives Hold Promise for Enhanced Environmental Protection? ABSTRACT | FULL TEXT

Parmar , Pooja (LL.M. 2006) Revisiting the Human Right to Water ABSTRACT | FULL TEXT

Parmar , Pooja (Ph.D. 2012)

Claims, Histories, Meanings : Indigeneity and Legal Pluralism in India ABSTRACT | FULL TEXT

Patch , Tom W. (LL.M. 2005) Equal in Theory : An Assessment of Anti-Discrimination Statutes as Equality Tools for People with Disabilities ABSTRACT | FULL TEXT

Paton , Elizabeth Katrine (LL.M. 1990) Privacy Law and the Media ABSTRACT | FULL TEXT

Pauer , Stefan U. (Ph.D. 2019) Border carbon adjustments in support of domestic climate policies : explaining the gap between theory and practice ABSTRACT | FULL TEXT

Pawluk , Lorna A. (LL.M. 1990) Variable compensation in British Columbia ABSTRACT | FULL TEXT

Pearlston , Karen (LL.M. 1999) “For the More Easy Recovery of Debts in His Majesty’s Plantations” : Credit and Conflict in Upper Canada, 1788-1809 ABSTRACT | FULL TEXT

Peihani , Maziar (Ph.D. 2014) “Basel committee on banking supervision : a post-crisis analysis of governance and accountability” ABSTRACT | FULL TEXT

Pesklevits , Richard Dale (LL.M. 2002) Customary Law, the Crown and the Common Law : Ancient Legal Islands in the Post-Colonial Stream ABSTRACT | FULL TEXT

Peterson , Ryan (LL.M. 2023) Applying context theory : the narrative of homelessness and law ABSTRACT | FULL TEXT

Pike , Sarah P. (LL.M. 2018) Gilbert Malcolm Sproat, British Columbia Indian reserve commissioner (1876-1880), and the “humanitarian civilizing” of indigenous peoples ABSTRACT | FULL TEXT

Pilliar , Andrew (LL.M. 2012) Exploring a law firm business model to improve access to justice and decrease lawyer dissatisfaction ABSTRACT | FULL TEXT

Pilliar , Andrew (Ph.D. 2020) Understanding the market for personal legal services to improve access to civil justice in Canada ABSTRACT | FULL TEXT

Ponomarenko , Iryna (LL.M. 2013) Proper proportions of law : justifying democratic credentials of proportionality analysis in constitutional adjudication ABSTRACT | FULL TEXT

Ponomarenko , Iryna (Ph.D. 2022) Towards a theory of deference in Canadian proportionality jurisprudence ABSTRACT | FULL TEXT

Powell , Brenda Heelan (LL.M. 1999) Uncertain Risk, Causation and Precaution in Toxic Tort Litigation ABSTRACT | FULL TEXT

Prebble , Zoë Margaret (Ph.D 2018) Overlapping criminal offences and gendered violence : what is overlap and when is it part of the problem of overcriminalisation? ABSTRACT | FULL TEXT

Pudovskis , Matthew Stephen (LL.M. 2013) Traditional ecological knowledge and environmental governance in Canada : the role of law and comprehensive agreements in facilitating incorporation ABSTRACT | FULL TEXT

Qi , Xiaodong (LL.M. 1993) A Comparative Study of the Ownership Control vs. Management Right Issue Between the Chinese Enterprise Laws and Canadian Corporate Laws< ABSTRACT | FULL TEXT

Rabbi , Nahid (LL.M. 2022) Development-induced forcible displacement as a crime against humanity of forcible transfer of population under the Rome Statute ABSTRACT | FULL TEXT

Radkova , Lenka (LL.M. 2001) Moral Rights of Authors in International Copyright of the 21st Century : Time for Consolidation? ABSTRACT | FULL TEXT

Rainforth , George (LL.M. 2020) How do the jurisdictions of India, Canada and the United Kingdom interpret the inventive step requirement for follow-on pharmaceutical innovation? ABSTRACT | FULL TEXT

Rajan , Cindy L. (LL.M. 1995) International Trade and Taxation : The GATT and Domestic Tax Policy ABSTRACT | FULL TEXT

Ramage , Ian (LL.M. 2002) Patenting Innovation : Intellectual Property Rights in the New Economy ABSTRACT | FULL TEXT

Ramirez-Espinosa , Naayeli Esperanza (Ph.D. 2014) Indigenous struggles for land rights in Canada, Japan and Mexico : Delgamuukw, Nibutani Dam and Zirahuén ABSTRACT | FULL TEXT

Ramsay , David Peter (LL.M. 1997) Toward a New Wills Variation Act ABSTRACT | FULL TEXT

Ramshaw , Sara Lynne (LL.M. 2008) Sign of the Times : Celebrity, Truth, and Legal Storytelling ABSTRACT | FULL TEXT

Rankin , Mark W.J. (LL.M. 1992) The Role of a Board of Directors in Responding to an Unsolicited Takeover Bid ABSTRACT | FULL TEXT

Reayat , Irfan (LL.M. 2013) Reconciling rhetoric and reality : putting “development” at the centre of the game ABSTRACT | FULL TEXT

Reddy , Venita-Sherryl (LL.M. 2001) Improving Compliance with the Law Prohibiting Genocide, War Crimes and Crimes against Humanity : Recalling the Human Factor ABSTRACT | FULL TEXT

Rei-Anderson , Cody (LL.M. 2019) What role for copyright in podcasting? : a study of crowdfunding and advertising models in an emerging medium ABSTRACT | FULL TEXT

Reid , Nichola Jane Williams (LL.M. 1982) Conflicts in Divorce Jurisdiction and Recognition ABSTRACT | FULL TEXT

Reilly , Alexander (LL.M. 1996) The Heart of the Matter : Emotion in the Criminal Law ABSTRACT  |  FULL TEXT

Reindel , Florian (LL.M. 1993) Inter-American Human Rights Protection : How Methods and Rules of Interpretation are Being Framed ABSTRACT | FULL TEXT

Ren , Ke (LL.M. 1998) Re-Examining the Hostile Takeover ABSTRACT | FULL TEXT

Reuter , Michael F.M. (LL.M. 1987) Some Implications of the Canadian Tax Law on Foreign Investments in Canada – A German Perspective ABSTRACT | FULL TEXT

Reynolds , Larry A. (LL.M. 1995) New Directions for Environmental Impairment Insurance in Canada ABSTRACT | FULL TEXT

Riede , Lutz (LL.M. 2004) Building Open Cultures : The Commons in a Digitally Networked Environment ABSTRACT | FULL TEXT

Rigg , Jeremy (LL.M. 1998) Performance under Pressure : The Impact of Coercive Authority upon Consent to Treatment for Sex Offenders ABSTRACT | FULL TEXT

Riihijarvi,  , Marja Kristiina (LL.M. 1992) Penalizing Corporations for Environmental Offences : A Comparative Study of the Canadian Experience and the Finnish Law Proposal ABSTRACT | FULL TEXT

Robinson , Keith Liam Hamilton (LL.M. 1996) The ‘Dangerousness’ Provisions of the Criminal Justice Act 1991 – A Risk Discourse? ABSTRACT | FULL TEXT

Rochette , Annie (LL.M. 1998) Rape of the World : An Ecofeminist Critique of International Environmental Law ABSTRACT | FULL TEXT

Rose , Gregory John (LL.M. 1995) Forfeiting Legal Fees with Proceeds of Crime : The Ability of Accused Persons to Pay ‘Reasonable Legal Fees’ out of Alleged Proceeds of Crime ABSTRACT | FULL TEXT

Rowland-Rouse , Jacqueline (LL.M. 1981) The Strategic Use of Intellectual and Industrial Property Laws to Maintain and Extend a Dominant Position in the Pharmaceutical Industry ABSTRACT | FULL TEXT

Rowntree , Lenore Ruth (LL.M. 1987) Innovations in the Law of Lending : A Study of the Participation Mortgage and a Proposal for Reform of the Law of Commercial Mortgages ABSTRACT | FULL TEXT

Rozefort , Wallace (LL.M. 1985) Criminal Prosecution, the Defence of Religious Freedom and the Canadian Charter ABSTRACT | FULL TEXT

Rush , Joan L. (LL.M. 2006) Stillborn Autonomy: Why the  Representation Agreement Act  of British Columbia Fails as Advance Directive Legislation ABSTRACT | FULL TEXT

Russ , Kelly Harvey (LL.M.2006) Modern Human Rights : The Aboriginal Challenge ABSTRACT | FULL TEXT

Russell , Shannon (LL.M. 2020) Exploring the role of penetration in sexual offences in Canada ABSTRACT | FULL TEXT

Russi , Raffaella (LL.M. 1997) Exclusive Distribution Agreements and Competition Law : an Analysis ABSTRACT | FULL TEXT

Russo , Robert Marc (LL.M. 2006) Labour Development : The Improbable Reconciliation of Globalization with the Rights of Workers ABSTRACT | FULL TEXT

Russo , Robert Marc (Ph.D. 2012)

Solidarity forever, Canadians never : SAWP workers in Canada ABSTRACT | FULL TEXT

Salvatori , Peter E. (LL.M. 1981) Capital Gains and Surplus Stripping ABSTRACT | FULL TEXT

San Roque , Mehera Rose (LL.M. 1999) Popular Trials/Criminal Fictions/Celebrity Feminism and the Bernardo/Homolka Case ABSTRACT | FULL TEXT

Sandgathe , Tracey Layne (LL.M. 2007) Environmental Impact Assessment and the Promise of Eco-Pragmatism : A Consideration of the Canadian Environmental Assessment Act ABSTRACT | FULL TEXT

Sankey , Jennifer M. (Ph.D. 2021) Using Indigenous legal processes to strengthen Indigenous jurisdiction : Squamish Nation land use planning and the Squamish Nation assessment of the Woodfibre liquefied natural gas projects ABSTRACT | FULL TEXT

Sarpong , George Agyemang (LL.M. 1984) The Impact of the Law of the Sea Convention on Vessel-Source Pollution Enforcement in the Exclusive Economic Zone ABSTRACT | FULL TEXT

Sawicki , Marta Catherine (LL.M. 2004) Application of the Right of Reproduction to the Internet: Should Browsing be Considered Copyright Infringement? ABSTRACT | FULL TEXT

Schofield , Clive Howard (LL.M. 2009) The Trouble with Islands ABSTRACT | FULL TEXT

Sevenoaks , Helen Mary Emma (LL.M. 2010) The Remedy of Substantive Consolidation Under the Companies’ Creditors Arrangement Act : A Closer Examination of Domestic and Cross-Border Issues ABSTRACT | FULL TEXT

Sharma , Kavita A. (LL.M. 1986) Ownership and Control of Foreign Direct Investment : India and Canada ABSTRACT | FULL TEXT

Sheddi , Abdullah Al (LL.M. 1991) The Legal Regime of International Straits : A Case Study of the Legal and Political Implications for the Strait of Hormuz ABSTRACT | FULL TEXT

Sidebothom , Naomi Elizabeth (LL.M. 1994) Jurisidictional Review : An Error of Jurisdiction or Jurisprudence? ABSTRACT | FULL TEXT

Sidsworth , Robin (LL.M. 2010) Aboriginal Participation in the Vancouver/Whistler 2010 Olympic Games : Consultation, Reconciliation and the New Relationship ABSTRACT | FULL TEXT

Sievers , Monika (LL.M. 1991) Liberalization of foreign direct investment : Europe 1992 and the U.S.-Canada Free Trade Agreement ABSTRACT | FULL TEXT

Sigrist , Pierre (LL.M. 1990) Standby Letters of Credit and Fraud ABSTRACT | FULL TEXT

Simcock , David Keith (LL.M. 1977) Shareholder’s Personal Actions – A Comparative Study ABSTRACT | FULL TEXT

Simm , Gabrielle Anne (LL.M. 2005) Exotic Others : Gender and Refugee Law in Canada, Australia and the United States ABSTRACT | FULL TEXT

Simpson , Gerry J. (LL.M. 1989) The Right of Secession in International Law : A New Theory of Legitimacy ABSTRACT | FULL TEXT

Smallwood , Kate Penelope (LL.M. 1993) Coming out of Hibernation : The Canadian Public Trust Doctrine ABSTRACT | FULL TEXT

Smeltzer , Gerald Gilbert (LL.M. 1985) Legal Rights to Information and Skilled Employees in the Computer Industry ABSTRACT | FULL TEXT

Smith , Donald Myles (LL.M. 1988) Title to Indian Reserves in British Columbia : A Critical Analysis of Order in Council 1036 ABSTRACT | FULL TEXT

Sokhansanj , Banafsheh (LL.M. 2005) Chinese Migrant Children and Canadian Migration Law ABSTRACT | FULL TEXT

Starkl-Moser , Miriam (LL.M. 2002) Internet and Human Rights ABSTRACT | FULL TEXT

Steenkamp , Tania (LL.M. 2014) South Africa’s new bilateral investments treaty policy : a reasonable response to a flawed regime? ABSTRACT | FULL TEXT

Stevenson , Mark L. (LL.M. 2004) The Métis Aboriginal Rights Revolution ABSTRACT | FULL TEXT

Stewart , Fenner L. (LL.M. 2004) An Effective Reparations Regime for the International Criminal Court ABSTRACT | FULL TEXT

Stewart , Vivienne Hume (LL.M. 1998) Foreign Investment in China’s Infrastructure : Finding the Balance Between Efficiency and Development or How to Attract Foreign Investment to Infrastructure Projects Without Selling the Country’s Soul to the Foreign Devils ABSTRACT | FULL TEXT

Stoeckel , Katherine Jane (LL.M. 2004) Economics and the Equitable Utilization of Transboundary Freshwater ABSTRACT | FULL TEXT

Strebel , Felix D. (LL.M. 1997) The Enforcement of Foreign Judgments and Foreign Public Law ABSTRACT | FULL TEXT

Strickland , Steven Andrew (LL.M. 1979) Increasing the Emphasis on the Child in the Resolution of Custody Disputes ABSTRACT | FULL TEXT

Stynes , Sean Cleary Stynes (LL.M. 2007) Legal Ethics and Illegal Migrants : The Bounds of Ethical Conduct for Lawyers Helping ‘Illegals’ Become ‘Legal’ ABSTRACT | FULL TEXT

Sundara Rajan , Mira T. (LL.M. 1999) Developing Countries and the International Copyright Regime : The Neglected Issue of Cultural Survival ABSTRACT | FULL TEXT

Sutherland , Elaine Elizabeth (LL.M. 1984) The Development of the Implied Terms on Quality and Fitness in Sale of Goods in Britain and Canada ABSTRACT | FULL TEXT

Svanberg , Annika (LL.M. 2013) “A unique approach to the liability of P2P intermediaries” : a comparative study of copyright liability of providers of peer-to-peer file sharing services in Canada and Sweden ABSTRACT | FULL TEXT

Sweeney , Desmond (LL.M. 1997) The Recognition and Scope of Indigenous Fishing, Hunting and Gathering Rights at Common Law in Australia ABSTRACT | FULL TEXT

Switzer , James G. (LL.M. 1972) The Legal Standing of Canadian Environmental Control Organizations ABSTRACT | FULL TEXT

Taylor , Michael Brendan (LL.M. 2006) Tax Policy and Tax Avoidance : The General Anti-Avoidance Rule from a Tax Policy Perspective ABSTRACT | FULL TEXT

Telesetsky , Anastasia M. (LL.M. 2009) Insuring Against Future Climate Change : The Use of Mandatory Catastrophe Risk Insurance and Microinsurance to Promote Mitigation and Adaptation ABSTRACT | FULL TEXT

Tepre , Paul (LL.M. 2017) Liability deficit problem of multinational corporate groups : a proposal for legislative and judicial reform ABSTRACT | FULL TEXT

Terrett , Andrew J. (LL.M. 1994) Neural Networks for Legal Quantum Prediction ABSTRACT | FULL TEXT

Theodorakis , Tom (LL.M. 1996) The New Canada-U.S. Tax Treaty and the Limitation on Benefits Provision : a Justifiable Compromise? ABSTRACT | FULL TEXT

Tong , Dawna (LL.M. 1995) Gatekeeping in Canadian Law Schools : A History of Exclusion, the Rule of “Merit”, and a Challenge to Contemporary Practices ABSTRACT | FULL TEXT

Toriumi , Tetsuro (LL.M. 1983) Directors’ Duty of Care, Diligence and Skill : A Comparative Study of Japanese and Canadian Law ABSTRACT | FULL TEXT

Tousaw , Kirk I. (LL.M. 2004) Criminalizing Pleasure : Cannabis Prohibition in Canada ABSTRACT | FULL TEXT

Tremblay , Guy (LL.M. 1972) Canadian Citizenship Laws : Two Facets ABSTRACT | FULL TEXT

Tremblay , Janie (LL.M. 1996) The General Anti-Avoidance Rule : Has it Changed the Face of Tax Avoidance? ABSTRACT | FULL TEXT

Tremblay , Luc (LL.M. 1983) From Substantive Due Process to Substantive Principles of Fundamental Justice ABSTRACT | FULL TEXT

Trerise , Vicki Margaret (LL.M. 2011) Aboriginal children and the dishonour of the Crown : human rights, ‘best interests’ and customary adoption ABSTRACT | FULL TEXT

Tsiakos , George (LL.M. 2006) Refugee Protection for People with Mental Disabilities under International Law ABSTRACT | FULL TEXT

Tshering , Norbu (LL.M. 2003) A Comparison of Minority Shareholders’ Remedies in British Columbia and Bhutan ABSTRACT | FULL TEXT

Tully , Erin McEachern (LL.M. 2004) Climate Change Plan for Canada : Tax Policy and the Reduction of Greenhouse Gas Emissions ABSTRACT | FULL TEXT

Tuomi , William Victor (LL.M. 2005) Appropriating the Tools of Research : Patent Law and Biotechnology ABSTRACT | FULL TEXT

Twinomukunzi , Charles Mureisya (LL.M. 1979) The Social Responsibility of Corporations in East Africa ABSTRACT | FULL TEXT

Ullrich  Dierk (LL.M. 2000) Opening the Club – A Liberal Approach to Private Participation in the World Trade Organization’s Dispute Settlement System ABSTRACT | FULL TEXT

Umaru , Juliet Lami (LL.M. 1984) Choice of Law in International Commercial Arbitration ABSTRACT | FULL TEXT

Urapeepatanapong , Kitipong (LL.M. 1987) Legal Aspects of Countertrade under the General Agreement on Tariffs and Trade and the National Laws of Canada and Thailand ABSTRACT | FULL TEXT

Van Der Meide , Wayne (LL.M. 2001) Who Guards the Borders of ‘Gay’? : An Examination of the Implications of the Extension of ‘Spousal’ Status to Queer People Who Experience Multiple Oppression ABSTRACT | FULL TEXT

Van’t Westeinde , Jobine (LL.M. 1998) Restorative Principles in the Criminal Justice System : Alternatives for Satisfying Justice? ABSTRACT | FULL TEXT

Villaseñor Rodriguez , Fernando (Ph.D. 2017) The constitutionalization of the right to social security : a comparative analysis between Japan and Mexico ABSTRACT | FULL TEXT

Violet , Ian (LL.M. 1990) The Allocation of Responsibility for the Maintenance of the Single Parent Family ABSTRACT | FULL TEXT

Vogl , Anthea Fay (Ph.D. 2016) Refugee status determination, narrative and the oral hearing in Australia and Canada ABSTRACT | FULL TEXT

Vohra , Apurva (LL.M. 2023) Social order in the age of artificial intelligence : the use of technology in migration governance and decision-making ABSTRACT | FULL TEXT

Wade , John Harington (LL.M. 1971) Morals and the Enforcement of Values : An Analysis of the Hart-Devlin Debate ABSTRACT | FULL TEXT

Waldron , Mary Anne (LL.M. 1974) The Process of Law Reform : Focus on the New B.C. Companies Act ABSTRACT | FULL TEXT

Walewski , Paul M.A. (LL.M. 2004) Combating International Terrorism : A Study of whether the Responses by the UK and US to the Events of 9/11 are Compatible with Respect for Fundamental Human Rights ABSTRACT | FULL TEXT

Walkem , Ardith Alison (LL.M. 2005) Bringing Water to the Land : Re-cognize-ing Indigenous Oral Traditions and the Laws of Embodied Within Them ABSTRACT | FULL TEXT

Walker , Patrick (LL.M. 1992) Crown-Aboriginal Fiduciary Relationships : False Optimism or Realistic Expectations? ABSTRACT | FULL TEXT

Wallrap , Albert Samuel (LL.M. 1997) Admissibility of Novel Scientific Opinion – Unusual Bedfellows and Interdisciplinary Stories ABSTRACT | FULL TEXT

Walter , Kerstin (LL.M. 2012)

Mind the gap : exposing the protection gaps in international law for environmentally displaced citizens of small island states ABSTRACT | FULL TEXT

Wang , Chao (LL.M. 2003) National Treatment, Transparency, and Rule of Law : Evolving Issues on the Conformity of China’s Legal System with WTO’s Principles ABSTRACT | FULL TEXT

Wang , Chao (Ph.D. 2010) Redefining and Regulating Public Contracting in China : Comparative and International Perspectives ABSTRACT | FULL TEXT

Wang , Chunyan (LL.M. 2003) E-Commerce in China ABSTRACT | FULL TEXT

Wang , Feihong (LL.M. 1996) Reforming the Chinese State-owned Enterprise : A Law and Economics Perspective ABSTRACT | FULL TEXT

Ward , Ian Robert (LL.M. 1985) Misleading Government Information : An Analysis of the Legal Remedies Available to the Affected Citizens ABSTRACT | FULL TEXT

Webb , Suzanne Nicola (LL.M. 1999) The Drug Court; A Miracle or the Healer’s Hand? ABSTRACT | FULL TEXT

Weibel , Rolando (LL.M. 1973) The Quest for a New Management Structure in European Company Law ABSTRACT | FULL TEXT

Welch , Elizabeth Ann (L.L.M 2014) Succumbing to the siren song : rape myths in sexual offender sentencing in B.C. ABSTRACT | FULL TEXT

Wilkinson , Suzanne (LL.M. 2002) NAFTA, Mexico & Metalclad : Understanding the Normative Framework of International Trade Law ABSTRACT | FULL TEXT

Willenbrock , Christel (LL.M. 1995) Policy Analysis of Waste Management Legislation in Canada and Germany with a Focus on the Polluter Pays Principle ABSTRACT | FULL TEXT

Williams , Joseph Victor (LL.M. 1988) Te Mana Motuhake Me Te Iwi Maori : Indigenous Self Determination ABSTRACT | FULL TEXT

Williams-Davidson , Terri-Lynn (LL.M. 2022) Ts’uu JaasG̲alang hlG̲aajuu : cedar sisters framework ABSTRACT | FULL TEXT

Wojda , Magdalena A. (LL.M. 2015) A focus on the risk of harm : applying a risk-centered purposive approach to the interpretation of “personal information” under Canadian data protection laws ABSTRACT | FULL TEXT

Wolfson , Lorne Howard (LL.M. 1976) Juvenile Delinquents, Young Offenders and Young Persons in Conflict With the Law : A Study of Juvenile Delinquency Law Reform in Canada ABSTRACT | FULL TEXT

Woolias , David (LL.M. 2012)

“To the advantage of all concerned” : practical and principle-based arguments for a revised remedy regime for unfair dismissal in Australia ABSTRACT | FULL TEXT

Wright , David Malcolm (LL.M. 1991) Fiduciaries in a commercial context ABSTRACT | FULL TEXT

Wriley , Jennifer Lee (LL.M. 2013) The evolution of credit bidding : its recent journey and logical next step ABSTRACT | FULL TEXT

Xia , Yao Yuan (LL.M. 1990) Reconciliation of Non-Market Economies : GATT Trade Rules ABSTRACT | FULL TEXT

Xin , Jianhong (LL.M. 2000) Court Mediation in China : Time for Reform ABSTRACT | FULL TEXT

Xin , Kelei (LL.M. 1993) The Role of Law and Policy in the Offshore Petroleum Development of China ABSTRACT | FULL TEXT

Yamamoto , Yoko (LL.M. 2000) Regulating Hate Propaganda in Japan : Canadian Hate Regulation and Japanese Minorities ABSTRACT | FULL TEXT

Yamauchi , Keith Dennis (LL.M. 1994) The Reorganization of Insolvent Businesses : A Functional Comparison of the Canadian and American Models ABSTRACT | FULL TEXT

Yan , Yibing (LL.M. 1993) A Non-Market Economy’s Admission to the General Agreement on Tariffs and Trade – China’s Unique Situation ABSTRACT | FULL TEXT

Yang , Bonny (LL.M. 2002) The Law with Two Faces ABSTRACT | FULL TEXT

Yang , Jie (LL.M. 2004) Who is at Risk? Is a Carrier under a Straight Bill of Lading Entitled to Deliver Goods to the Named Consignee without Presentation of the Original Bill of Lading? ABSTRACT | FULL TEXT

Yang , Xusheng (LL.M. 1997) Securities regulation in China : A Study of its Path to Market Economy ABSTRACT | FULL TEXT

Yaron , Gil (LL.M. 2000) Awakening Sleeping Beauty : Reviving Lost Remedies and Discourses to Revoke Corporate Charters ABSTRACT | FULL TEXT

Yewchuk, Drew (LL.M. 2024) A study in executive branch noncompliance with law : government secrecy, endangered species protection, and the whitebark pine ABSTRACT | FULL TEXT

Yin , Li (LL.M. 1993) A Comparative Study of the Contract Remedy Systems Between Anglo-American and Chinese Law ABSTRACT | FULL TEXT

Yorgun , Siobhan L. (Ph.D. 2020) “Other” women in flight : sexual minority and polygynous refugee women ABSTRACT | FULL TEXT

Young , Charles A. (LL.M. 1976) Liability for Marine Pollution ABSTRACT | FULL TEXT

Yu , Linan (LL.M. 1998) Internationalization of Chinese Patent Law and Practice ABSTRACT | FULL TEXT

Zafar , Yasmeen (LL.M. 1991) Feminism, psychoanalysis and postmodernism : bridging the discourses ABSTRACT | FULL TEXT

Zafer , Muhammad Masoud Uz (LL.M. 1984) Strikes in Essential Services in British Columbia ABSTRACT | FULL TEXT

Zaharko , Janice (LL.M. 1980) Procedures for Transferring to British Columbia the Federal Government’s Interest in Offshore Oil and Gas ABSTRACT | FULL TEXT

Zanghellini , Aleardo (LL.M. 2000) Homoerotica & Homophobia : Hatred, Pornography, and the Politics of Speech Regulation ABSTRACT | FULL TEXT

Zegrean , Ivona-Elena (L.L.M 2017) Consumer welfare and private actions for damages in European Union competition law ABSTRACT | FULL TEXT

Zeng , Hang (LL.M. 2005) Antidumping and Competition : The Case of China ABSTRACT | FULL TEXT

Zhang , Jida (LL.M. 2002) Foreign-Related Commercial Disputes Resolution in China after WTO ABSTRACT | FULL TEXT

Zhang , Yulin (LL.M. 1994) International Arbitral Jurisdiction ABSTRACT | FULL TEXT

Zhang , Yulin (Ph.D. 2016) Impartial resolution of disputes in China : an intellectual property perspective ABSTRACT | FULL TEXT

Zhu , Yun (LL.M. 2002) Trade and Environmental Protection Within the World Trade Organization Framework ABSTRACT | FULL TEXT

Ziegelwanger , Vera (LL.M. 1995) Plea Bargaining : A Comparative Study of Austrian and Canadian Law ABSTRACT | FULL TEXT

Ziyi , Yang (LL.M. 2021) Family planning and gender discrimination in the workplace : an assessment of China’s two-child policy on women’s equality at work ABSTRACT | FULL TEXT

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Legal Positivism

Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790–1859) formulated it thus:

The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. (1832 [1995: 157])

The positivist thesis does not say that law’s merits are unintelligible, unimportant, or peripheral to the philosophy of law. It says that they do not determine whether laws or legal systems exist . Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example, legislative enactments, judicial decisions, or social customs. The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it. According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.). Austin thought the thesis “simple and glaring”. While it is probably the dominant view among analytically inclined philosophers of law, it is also the subject of competing interpretations together with persistent criticisms and misunderstandings.

1. Development and Influence

2. the existence and sources of law, 3. moral principles and the boundaries of law, 4.1 the fallibility thesis, 4.2 the separability thesis, 4.3 the neutrality thesis, other internet resources, related entries.

Legal positivism has a long history and a broad influence. It has antecedents in ancient political philosophy and is discussed, and the term itself introduced, in mediaeval legal and political thought (see Finnis 1996). The modern doctrine, however, owes little to these forbears. Its most important roots lie in the political philosophies of Hobbes and Hume, and its first full elaboration is due to Jeremy Bentham (1748–1832) whose account Austin adopted, modified, and popularized. For much of the next century an amalgam of their views, according to which law is the command of a sovereign backed by force, dominated English philosophical reflection about law. By the mid-twentieth century, however, this account had lost its influence among working legal philosophers. Its emphasis on legislative institutions was replaced by a focus on law-applying institutions such as courts, and its insistence of the role of coercive force gave way to theories emphasizing the systematic and normative character of law. The most important architects of contemporary legal positivism are the Austrian jurist Hans Kelsen (1881–1973) and the two dominating figures in the analytic philosophy of law, H.L.A. Hart (1907–92) and Joseph Raz, among whom there are clear lines of influence, but also important contrasts. Legal positivism’s importance, however, is not confined to the philosophy of law. It can be seen throughout social theory, particularly in the works of Marx, Weber, and Durkheim, and also among many lawyers, including the American “legal realists” and most contemporary feminist scholars. Although they disagree on many other points, these writers all acknowledge that law is essentially a matter of social fact. Some of them are, it is true, uncomfortable with the label “legal positivism” and therefore hope to escape it. Their discomfort is sometimes the product of confusion. Lawyers often use “positivist” abusively, to condemn a formalistic doctrine according to which law is always clear and, however pointless or wrong, is to be rigorously applied by officials and obeyed by subjects. It is doubtful that anyone ever held this view, but it is in any case false and has nothing to do with legal positivism. Among the philosophically literate another, more intelligible, misunderstanding may interfere. Legal positivism is here sometimes associated with the homonymic but independent doctrines of logical positivism (the meaning of a sentence is its mode of verification) or sociological positivism (social phenomena can be studied only through the methods of natural science). While there are historical connections and commonalities of temper among these ideas, they are essentially different. The view that the existence and content of law depends ultimately on social facts does not rest on a particular semantic thesis, and it is compatible with a range of theories about how one investigates the social world, including non-naturalistic accounts. To say that the existence of law depends on facts and not on its merits is a thesis about the relation among laws, facts, and merits, and not otherwise a thesis about the individual relata. Hence, many traditional “natural law” moral doctrines—including the belief in a universal, objective morality grounded in human nature—do not contradict legal positivism. The only influential positivist moral theories are the views that moral norms are valid only if they have a source in divine commands or in social conventions. Such theists and relativists apply to morality the constraints that legal positivists think hold for law.

Every human society has some form of social order, some way of marking and encouraging approved behavior, deterring disapproved behavior, and resolving disputes about that behavior. What then is distinctive of societies with legal systems and, within those societies, of their law? Before exploring some positivist answers, it bears emphasizing that these are not the only questions worth asking about law. While an understanding of the nature of law requires an account of what makes law distinctive, it also requires an understanding of what it has in common with other forms of social control. Some Marxists are positivists about the nature of law while insisting that its distinguishing characteristics matter less than its role in replicating and facilitating other forms of domination. (Though other Marxists disagree: see Pashukanis 1924). They think that the specific nature of law casts little light on their primary concerns. But one can hardly know that in advance; it depends on what the nature of law is.

For Bentham and Austin, law is a phenomenon of societies with a sovereign : a determinate person or group who have supreme and absolute de facto power—they are obeyed by all or most others but do not themselves similarly obey anyone else. The laws in that society are a subset of the sovereign’s commands : general orders that apply to classes of actions and people and that are backed up by threat of force or “sanction”. This imperatival theory is positivist, for it identifies the existence of law with patterns of command and obedience that can be ascertained without considering whether the sovereign has a moral right to rule or whether their commands are meritorious. It has two other distinctive features. The theory is monistic : it represents all laws as having a single form, imposing obligations on their subjects, though not on the sovereign itself. The imperativalist acknowledges that ultimate legislative power may be self-limiting, or limited externally by what public opinion will tolerate, and also that legal systems contain provisions that are not imperatives (for example, permissions, definitions, and so on). But they regard these as part of the non-legal material that is necessary for every legal system. (Austin is a bit more liberal on this point). The theory is also reductivist , for it maintains that the normative language used in describing and stating the law—talk of authority, rights, obligations, and so on—can all be analyzed without remainder in factual terms, typically as concatenations of statements about power and obedience.

Imperatival theories are now without influence in legal philosophy (but see Ladenson 1980 and Morison 1982). What survives of their outlook is the idea that legal theory must ultimately be rooted in some account of the political system, an insight that came to be shared by all major positivists save Kelsen. Their particular conception of a society under a sovereign commander, however, is friendless (except among Foucauldians, who strangely take this relic as the ideal-type of what they call “juridical” power). It is clear that in complex societies there may be no one who has all the attributes of sovereignty, for ultimate authority may be divided among organs and may itself be limited by law. Moreover, sovereignty is a normative concept. A legislator is one who has authority to make laws, and not merely someone with great social power, and it is doubtful that “habits of obedience” is a candidate reduction for explaining authority. To distinguish genuine obedience from coincidental compliance we need something like the idea of subjects being oriented to, or guided by, the commands. Explicating this will carry us far from the power-based notions with which classical positivism hoped to work. The imperativalists’ account of the character of individual laws is also subject to decisive objections (Hart 1961 [2012: 26–78]; and Hacker 1973). Treating all laws as commands conceals important differences in their social functions, in the ways they operate in practical reasoning, and in the sort of justifications to which they are liable. For instance, laws conferring the power to marry command nothing; they do not obligate people to marry, or even to marry according to the prescribed formalities. Nor is reductivism any more plausible here: we speak of legal obligations when there is no probability of sanctions being applied and when there is no provision for sanctions (as in the duty of courts to apply the law). Moreover, we take the existence of legal obligations to be a reason for imposing sanctions, not a consequence or constituent of it.

Hans Kelsen retains the imperativalists’ monism but abandons their reductivism. On his view, law is characterized by a singular form and basic norm . The form of every law is that of a conditional order, directed at the courts, to apply sanctions if a certain behavior (the “delict”) is performed. On this view, law is an indirect system of guidance: it does not tell subjects what to do; it tells officials what to do to its subjects under certain conditions. Thus, what we ordinarily regard as the legal duty not to steal is for Kelsen merely a logical correlate of the primary norm which stipulates a sanction for stealing (1945 [1961: 61]). The objections to imperatival monism apply also to this more sophisticated version: the reduction misses important facts, such as the point of having a prohibition on theft; the law is not indifferent between, on the one hand, people not stealing and, on the other, stealing and suffering the sanctions. But in one respect the conditional sanction theory is in worse shape than is imperativalism, for it has no way to fix on the delict as the duty-defining condition of the sanction—that is but one of a large number of relevant antecedent conditions, including the legal capacity of the offender, the jurisdiction of the judge, the constitutionality of the offense, and so forth. Which among all these is the content of a legal duty?

Kelsen’s most important contribution lies in his attack on reductivism and his doctrine of the “basic norm”. He maintains that law is a normative domain and must understood as such. Might does not make right—not even legal right—so the philosophy of law must explain the fact that law imposes obligations on its subjects. Moreover, law is a normative system : “Law is not, as it is sometimes said, a rule. It is a set of rules having the kind of unity we understand by a system” (1945 [1961: 3]). For the imperativalists, the unity of a legal system consists in the fact that all its laws are commanded by one sovereign. For Kelsen, it consists in the fact that they are all links in one chain of authority. For example, a by-law is legally valid because it is created by a corporation lawfully exercising the powers conferred on it by the legislature, which confers those powers in a manner provided by the constitution, which was itself created in a way provided by an earlier constitution. But what about the very first constitution, historically speaking? Its authority, says Kelsen, is “presupposed”. The condition for interpreting any legal norm as binding is that the first constitution is validated by the following “basic norm:” “ the original constitution is to be obeyed ”. Now, the basic norm cannot be a legal norm—we cannot explain the bindingness of law by reference to more law without an infinite regress. Nor can it be a social fact, for Kelsen maintains that the reason for the validity of a norm must always be another norm—no ought from is. It follows, then, that a legal system must consist of norms all the way down. It bottoms in a hypothetical, transcendental norm that is the condition of the intelligibility of any (and all) other norms as binding. To “presuppose” this basic norm is not to endorse it as good or just—presupposition is a cognitive stance only—but it is, Kelsen thinks, the necessary precondition for a non-reductivist account of law as a normative system.

There are many difficulties with this, not least of which is the fact that if we are going to accept the basic norm as the solution it is not clear what we thought was the problem in the first place. One cannot say both that presupposing the basic norm is what validates all inferior norms and also that an inferior norm is part of the legal system only if it is connected by a chain of validity to the basic norm. We need a way into the circle. Moreover, it draws the boundaries of legal systems incorrectly. The Canadian Constitution of 1982 was lawfully created by an Act of the U.K. Parliament, and on that basis Canadian law and English law should be parts of a single legal system, rooted in one basic norm: “The (first) U.K. constitution is to be obeyed”. Yet English law is not binding in Canada, and a purported repeal of the Constitution Act by the U.K. would be without legal effect there.

If law cannot ultimately be grounded in force, or in a presupposed norm, on what does its authority rest? The most influential solution is perhaps H.L.A. Hart’s. His solution resembles Kelsen’s in its emphasis on the normative foundations of legal systems, but Hart rejects Kelsen’s transcendentalist, Kantian view of authority in favor of an empirical, Weberian one. For Hart, the authority of law is social. The ultimate criterion of validity in a legal system is neither a legal norm nor a presupposed norm, but a social rule that exists only because it is actually practiced, that is, used to guide conduct. Law ultimately rests on custom: customs about who shall have the authority to decide disputes, what they shall treat as binding reasons for decision, i.e., as sources of law, and how laws may be changed. Of these three “secondary rules”, as Hart calls them, the source-determining rule of recognition is most important, for it specifies the ultimate criteria of validity in the legal system. It exists only because it is practiced by officials, and it is not only that the recognition rule best explains their practice, it is the rule to which they actually appeal in arguments about what standards they are bound to apply. Hart’s account is therefore in one sense conventionalist (see Marmor 1998 and Coleman 2001): ultimate legal rules are social norms, although they are neither the product of express agreement nor conventions in the Schelling-Lewis sense (see Green 1999). Thus for Hart too the legal system is rule-based all the way down, but at its root is a social norm that has the kind of normative force that customs have. It is a regularity of behavior regarding which officials take “the internal point of view:” they use it as a standard for guiding and evaluating their own and others’ behavior, and this use is displayed in their conduct and speech, including the resort to various forms of social pressure to support the rule and the ready application of normative terms such as “duty” and “obligation” when invoking it.

Law, then, has its ultimate basis in the behaviors and attitudes of its officials. In the eyes of some this still seems to imply a mystifying reduction: how can we generate the oughts of the legal world from the is of official consensus? Concerns of this type part motivate Scott Shapiro’s understanding of law and his attempt to break with Hart’s theory: laws, he suggests, should be conceived of as “generalized plans, or planlike norms, issued by those who are authorized to plan for others” (2011: 155). Understanding law on the model of social planning, Shapiro suggests, frees us from misplaced concerns about its metaphysical basis. Just as you or I can adopt a plan for our day just by willing it, so a legal system’s officials can create or recognize plans for its subjects. To the extent there remains an issue, however, it is not clear that the notion of planning itself offers any deeper explanation. To begin with, planning, whether by an individual or a group, involves setting rules with the aim of achieving certain ends. So the ontology of plans folds into and becomes part of the more general ontology of rules on which Hart was rightly focused. Second, it is unclear whether the mechanics of law are accurately captured under the label of planning (is the law against theft, for example, to be thought of as a plan that people not deprive others of their property?—a somewhat implausible reading of the relevant injunction—or is the planning element exhausted by the decision to create the prohibition, in which case the law is not the plan). Nonetheless, Shapiro’s account helpfully reminds us that the theoretical complexity of law as a social kind does not render implausible an understanding of its foundation based in the everyday actions of its agents. In this he joins Hart.

It is an important feature of Hart’s account that the rule of recognition is an official custom, and not a standard necessarily shared by the broader community. If the imperativalists’ picture of the political system was pyramidal power, Hart’s is more like Weber’s rational bureaucracy. Law is normally a technical enterprise, characterized by a division of labor. Ordinary subjects’ contribution to the existence of law may therefore amount to no more than passive compliance, and in an extreme case perhaps less than this. Thus, Hart’s necessary and sufficient conditions for the existence of a legal system are that

those rules of behavior which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and…its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials. (1961 [2012: 116])

And this division of labor is not a normatively neutral fact about law; it is politically charged, for it sets up the possibility of law becoming remote from the life of a society, a hazard to which Hart is acutely alert (1961 [2012: 117]; cf. Waldron 1999 and Green 2008).

Although Hart introduces the rule of recognition through a speculative anthropology of how it might emerge in response to deficiencies in a customary social order, he is not committed to the view that law is a cultural achievement. To the contrary, the idea that legal order is always a good thing, and that societies without it are deficient, is a familiar element of many anti -positivist views, beginning with Henry Maine’s criticism of Austin on the ground that his theory would not apply to certain Indian villages. The objection embraces the error it seeks to avoid. It imperialistically assumes that it is always a bad thing to lack law, and then makes a dazzling inference from ought to is: if it is good to have law, then each society must have it, and the concept of law must be adjusted to show that it does. If one thinks that law is a many splendored thing, one will be tempted by a very wide understanding of law, for it would seem improper to charge others with missing out. Positivism releases the harness. Law is a distinctive form of political order, not a moral achievement, and whether it is necessary or even useful depends entirely on its content and context. Societies without law may be perfectly adapted to their environments, missing nothing.

A positivist account of the existence and content of law, along any of the above lines, offers a theory of the validity of law in one of the two main senses of that term (see Harris 1979: 107–111). Kelsen says that validity is the specific mode of existence of a norm. In this sense a valid law is one that is systemically valid in the jurisdiction—it is part of the legal system, and identified as such by virtue of its dependence on the system’s social sources. The idea is distinct from that of validity as moral propriety, i.e., a sound justification for respecting the norm. For the legal positivist, this depends on the norm’s merits. One indication that these senses differ is that one may know that a society has a legal system, and know what its laws are, without having any idea whether they are morally justified. For example, one may know that the law of ancient Athens included the punishment of ostracism without knowing whether it was justified, because one does not know enough about its effects, about the social context, and so forth.

No legal positivist argues that the systemic validity of law establishes its moral validity , i.e., that it should be obeyed by subjects or applied by judges. Even Hobbes, to whom this view is sometimes ascribed, required that law actually be able to keep the peace, failing which we owe it nothing. Bentham and Austin, as utilitarians, hold that such questions always turn on the consequences, and both acknowledge that disobedience is therefore sometimes fully justified. Kelsen insists that “The science of law does not prescribe that one ought to obey the commands of the creator of the constitution” (1960 [1967: 204]). Hart believes that law may generate a prima facie duty to obey, grounded in but also limited by fairness—so there is no obligation to unfair or pointless laws (Hart 1955: 185–186). Raz goes further still, arguing that there isn’t even a prima facie duty to obey the law, not even in a just state (Raz 1979 [2009: 233–249]). The peculiar accusation that positivists believe the law is always to be obeyed is without foundation. Indeed, Hart’s own view is that an overweening deference to law consorts more easily with theories that imbue it with moral ideals, permitting

an enormous overvaluation of the importance of the bare fact that a rule may be said to be a valid rule of law, as if this, once declared, was conclusive of the final moral question: “Ought this law to be obeyed?” (Hart 1958: 75)

The most influential criticisms of legal positivism all flow, in one way or another, from the suspicion that it fails to give morality its due. A theory that insists on the facticity of law seems to contribute little to our understanding that law has important functions in making human life go well, that the rule of law is a prized ideal, and that the language and practice of law is highly moralized. Accordingly, positivism’s critics maintain that the most important features of law are not to be found in its source-based character, but in law’s capacity to advance the common good, to secure human rights, or to govern with integrity.

It is beyond doubt that moral and political considerations bear on legal philosophy. As Finnis says, the reasons we have for establishing, maintaining or reforming law include moral reasons, and these reasons therefore shape our legal concepts (1980 [2011: 266–273] and 1996: 204). But which concepts? If one accepts, as Finnis does, that the existence and content of law can be identified without recourse to moral argument, and that “human law is artefact and artifice; and not a conclusion from moral premises” (1996: 205), it becomes hard to see how the natural law theory he develops rivals rather than accommodates the truth of legal positivism (see Gardner 2001, 225–227). This vitiates also Lon Fuller’s criticisms of Hart (Fuller 1958 and 1964). Fuller has two main points. First, he thinks that it isn’t enough for a legal system to rest on customary social rules, since law could not guide behavior without also being at least minimally clear, consistent, public, prospective and so on—that is, without exhibiting to some degree those virtues collectively called “the rule of law”. It suffices to note that this is consistent with law being source-based. Even if moral properties were identical with, or supervened upon, these rule-of-law properties, they do so in virtue of their rule-like character. Whatever virtues inhere in or follow from clear, consistent, prospective, and open practices can be found not only in law but in all other social practices with those features, including custom and positive morality. And such virtues, if they exist, are minor: there is little, if anything, to be said in favor of a clear, consistent, prospective, public and impartially administered system of racial segregation, for example. Fuller’s second worry is that if law is a matter of fact, then we are without an explanation of the duty to obey. He asks how “an amoral datum called law could have the peculiar quality of creating an obligation to obey it” (Fuller 1958: 656). One possibility he neglects is that it doesn’t. But even if Fuller is right in his unargued assumption, the “peculiar quality” whose existence he doubts is a familiar feature of many practices. Compare promises: whether a society has a practice of promising, and what someone has promised to do, are matters of social fact. Yet promising creates moral obligations of performance or compensation. An “amoral datum” may indeed figure, together with other premises, in a sound argument to moral conclusions.

While Finnis and Fuller’s views are thus compatible with the positivist thesis, the same cannot be said of Ronald Dworkin’s important works (Dworkin 1978, 1986 and 2011). Positivism’s most influential critic rejects the theory on every conceivable level. He denies that there can be any general theory of the existence and content of law; he denies that local theories of particular legal systems can identify law without recourse to its merits, and he rejects the whole institutional focus of positivism. A theory of law is for Dworkin a theory of how cases ought to be decided and it begins, not with an account of political organization, but with an abstract ideal regulating the conditions under which governments may use coercive force over their subjects. Coercion must not be deployed, he claims,

except as licensed or required by individual rights and responsibilities flowing from past political decisions about when collective force is justified. (Dworkin 1986: 93)

A society has a legal system only when, and to the extent that, it honors this ideal, and its law is the set of all considerations that the courts of such a society would be morally justified in applying, whether or not those considerations are determined by any source. To identify the law of a given society we must always engage in moral and political argument, for the law is whatever requirements are consistent with an interpretation of its legal practices that shows them to be best justified in light of this animating ideal. In addition to these philosophical considerations, Dworkin invokes two features of the phenomenology of judging, as he sees it. He finds deep controversy among lawyers and judges about how important cases should be decided, and he finds diversity in the considerations that they hold relevant to deciding them. The controversy suggests to him that law cannot rest on an official consensus, and the diversity suggests that there is no single social rule that validates all relevant reasons, moral and non-moral, for judicial decisions.

Dworkin’s rich and complex arguments attracted various lines of reply from positivists. One response denies the relevance of the phenomenological claims. Controversy is a matter of degree, and a consensus-defeating amount of it is not proved by the existence of adversarial argument in the high courts, or indeed in any courts. As important is the broad range of settled law that gives rise to few doubts and which guides social life outside the courtroom (see Leiter 2009). As for the diversity argument, so far from being a refutation of positivism, this is an entailment of it. Positivism identifies law, not with all valid reasons for decision, but only with the source-based subset of them. It is no part of the positivist claim that the rule of recognition tells us how to decide cases, or even identifies all relevant reasons for a decision. Positivists accept that moral, political or economic considerations are properly operative in legal decisions, just as linguistic or logical ones are. Modus ponens holds in court as much as outside, but not because it was enacted by the legislature or decided by the judges, and the fact that there is no social rule that validates both modus ponens and also the Municipalities Act is true but irrelevant. The authority of principles of logic (or morality) is not something to be explained by legal philosophy; the authority of acts of Parliament must be; and accounting for the difference is a central task of the philosophy of law.

Other positivists respond differently to Dworkin’s phenomenological points, accepting their relevance but modifying the theory to accommodate them. So-called “inclusive positivists” (e.g., Soper, Lyons, Coleman, Waluchow (to whom the term is due), Kramer and Himma) argue that the merit-based considerations may indeed be part of the law, if they are explicitly or implicitly made so by source-based considerations. For example, Canada’s constitution explicitly authorizes for breach of Charter rights, “such remedy as the court considers appropriate and just in the circumstances”. In determining which remedies might be legally valid, judges are thus expressly told to take into account their morality. And judges may develop a settled practice of doing this whether or not it is required by any enactment; it may become customary practice in certain types of cases. Reference to moral principles may be implicit in the web of judge-made law, for instance in the common law principle that no one should profit from his own wrongdoing. Such moral considerations, inclusivists claim, are part of the law because the sources make them so , and thus Dworkin is right that the existence and content of law might turn on its merits, and wrong only in his explanation of this fact. Legal validity depends on morality, not because of the interpretative consequences of some ideal about how the government may use force, but because that is one of the things that may be customarily recognized as an ultimate determinant of legal validity. It is the sources that make the merits relevant.

To understand and assess this response some clarifications are needed. First, it is not plausible to hold that the merits are relevant to a judicial decision only when the sources make them so. It would be odd to think that justice is a reason for decision only because some source directs an official to decide justly. It is of the nature of justice that it properly bears on certain controversies. In legal decisions, especially important ones, moral and political considerations are present of their own authority; they do not need sources to propel them into action. On the contrary, we expect to see a source—a statute, a decision, or a convention—when judges are constrained not to appeal directly to the merits (see Raz 2004a). Second, the fact that there is moral language in judicial decisions does not establish the presence of moral tests for law, for sources come in various guises. What sounds like moral reasoning in the courts is sometimes really source-based reasoning. For example, when the Supreme Court of Canada says that a publication is criminally “obscene” only if it is harmful, it is not applying J.S. Mill’s harm principle, for what that court means by “harmful” is that which is regarded by the community as degrading or intolerable. That is a source-based test, not a moral one. This is just one of many appeals to positive morality, i.e., to the moral customs actually practiced by a given society, and no positivist denies that positive morality may be a source of law. Moreover, it is important to remember that law is dynamic and that even a decision that does apply morality itself becomes a source of law, in the first instance for the parties and possibly for others as well. Over time, by the doctrine of precedent where it exists or through the gradual emergence of an interpretative convention where it does not, this gives a factual edge to normative terms. Thus, if a court decides that money damages are in some instances not a “just remedy” then this fact will join with others in fixing what “justice” means for these purposes. This process may ultimately detach legal concepts from their moral analogs (thus, legal “murder” may require no intention to kill, legal “fault” no moral blameworthiness, an “equitable” remedy may be manifestly unfair, etc.). Bearing in mind these complications, however, there undeniably remains a great deal of moral reasoning in adjudication. Courts are often called on to decide what would reasonable, fair, just, cruel, etc. by explicit or implicit requirement of statute or common law, or because this is the only proper or intelligible way to decide. When the law itself licenses such reasoning should we understand it, with the inclusive positivist, to incorporate moral standards, or, as per the views of their rival, the exclusive positivist, only to make reference to moral principles?

Exclusive positivists offer two main arguments for stopping at social sources. The first is due to Raz (1994: 201–37) and has to do with law’s role in practical reasoning (for criticism see Perry 1989, Waluchow 1994, Coleman 2001, Dworkin 2002, Kramer 2004 and Himma 2019). Although law does not necessarily have legitimate authority, Raz suggests it lays claim to it, and can intelligibly do so only if it is the kind of thing that could have legitimate authority. It may fail, therefore, in certain ways only, for example, by being unjust, pointless, or ineffective. But law cannot fail to be a candidate authority, for it is constituted in that role by our political practices. According to Raz, practical authorities mediate between subjects and the ultimate reasons for which they should act. Authorities’ directives should be based on such reasons, and they are justified only when compliance with the directives makes it more likely that people will comply with the underlying reasons that apply to them. But they can do that , he suggests, only if is possible to know what the directives require independent of appeal to those underlying reasons. If law were to incorporate the moral standards to which it refers it would no longer be able to play this mediating role; identifying the law would require identifying the reasons underlying it. Because the nature of law is partly determined by its role in giving practical guidance, Raz concludes, there is theoretical reason for stopping at source-based considerations.

The second argument challenges an underlying idea of inclusive positivism, what we might call the Midas Principle. “Just as everything King Midas touched turned into gold, everything to which law refers becomes law …” (Kelsen 1945 [1961: 161]). Kelsen thought that it followed from this principle that

It is…possible for the legal order, by obliging the law-creating organs to respect or apply certain moral norms or political principles or opinions of experts to transform these norms, principles, or opinions into legal norms, and thus into sources of law. (Kelsen 1945 [1961: 132])

(Though he regarded this transformation as effected by a sort of tacit legislation.) If sound, the Midas Principle holds in general and not only with respect to morality, as Kelsen makes clear. Suppose then that the Income Tax Act penalizes overdue accounts at 8% per annum. In a relevant case, an official can determine the content of a legal obligation only by calculating compound interest. Does this make mathematics part of the law? A contrary indication is that it is not subject to the rules of change in a legal system—neither courts nor legislators can repeal or amend the law of commutativity. The same holds of other social norms, including the norms of foreign legal systems. A conflict-of-laws rule may direct a Canadian judge to apply Mexican law in a Canadian case. The conflicts rule is obviously part of the Canadian legal system. But the rule of Mexican law is not, for although Canadian officials can decide whether or not to apply it, they can neither change it nor repeal it, and the best explanation for its existence and content makes no reference to Canadian society or its political system. In like manner, moral standards, logic, mathematics, principles of statistical inference, or English grammar, though all properly applied in cases, are not themselves the law, for legal organs have applicative but not creative power over them. The inclusivist thesis is actually groping towards an important, but different, truth. Law is an open normative system (Raz 1975 [1990: 152–154]): it adopts and enforces many other standards, including moral norms and the rules of social groups. There is no warrant for adopting the Midas Principle to explain how or why it does this.

As noted above, Dworkin’s arguments against positivism depend upon claims about the phenomenology of adjudication and about the constraints imposed on jurisprudence by legal disagreement. Mark Greenberg’s recent work takes as its starting point many of Dworkin’s claims, but his conclusions are in several ways more radical (see Greenberg 2004 and 2014). Greenberg’s central argument against positivism is methodological: no one, he suggests, would deny that the content of the law depends at least in part upon social facts. However, the question of which facts—the semantic content or intended effect of legislation, for example—cannot be answered by reference to further of the same: “law practices…cannot determine their own relevance” (2004: 185). Appeal must therefore be made to other kinds of considerations—for Greenberg, considerations about the moral import of our social practices. It is positivism’s error to suggest that law could be practice-based all the way down. That the content of law depends upon social sources, however, is a truth borne out by law in general, as opposed to being established within local legal practices. There is a categorical difference between the validity of the sources thesis—a truth about law as a kind of social practice—and the claim that in the UK, for example, statute renders it is illegal to drive above 70 miles an hour on the motorway. In this way the former explains the latter without circularity, and without the need for appeal to morality.

4. Law and Its Merits

It may clarify the philosophical stakes in legal positivism by comparing it to a number of other theses with which it is sometimes wrongly identified, and not only by its opponents (see also Hart 1958, Füßer 1996, and Schauer 1996).

Law does not necessarily satisfy the conditions by which it is appropriately assessed (Lyons 1984: 63; Hart 1961 [2012: 185–186)]. Law should be just, but it may not be; it should promote the common good, but sometimes it doesn’t; it should protect moral rights, but it may fail miserably. This we may call the moral fallibility thesis. The thesis is correct, but it is not the exclusive property of positivism. Aquinas accepts it, Fuller accepts it, Finnis accepts it, and Dworkin accepts it. Only a crude misunderstanding of ideas like Aquinas’s claim that “an unjust law seems to be no law at all” might suggest the contrary. Law may have an essentially moral character and yet be morally deficient. Even if every law always does one kind of justice (formal justice; justice according to law), this does not entail that it does every kind of justice. Even if every law has a prima facie claim to be applied or obeyed, it does not follow that it has such a claim all things considered. The gap between these partial and conclusive judgments is all a natural law theory needs to accommodate the fallibility thesis. It is sometimes said that positivism gives a more secure grasp on the fallibility of law, for once we see that it is a social construction we will be less likely to accord it inappropriate deference and better prepared to engage in a clear-headed moral appraisal of the law. This claim appealed to several positivists, including Bentham and Hart. But while this might follow from the truth of positivism, it cannot provide an independent argument for it. If law has an essentially moral character then it is obfuscating, not clarifying, to describe it as a source-based structure of governance.

At one point, Hart identifies legal positivism with

the simple contention that it is no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so. (1961 [2012: 185–186])

Many other philosophers, encouraged also by the title of Hart’s famous essay, “Positivism and the Separation of Law and Morals”, (1958) treat the theory as the denial that there is a necessary connection between law and morality—they must be in some sense “separable” even if not in fact separate (Coleman 1982). The separability thesis is generally construed so as to tolerate any contingent connection between morality and law, provided only that it is conceivable that the connection might fail. Thus, the separability thesis is consistent with all of the following: (i) moral principles may be part of the law; (ii) law is usually, or even always in fact, valuable; (iii) the best explanation for the content of a society’s laws includes reference to the moral ideals current in that society; and (iv) a legal system cannot survive unless it is seen to be, and thus in some measure actually is, just. All four claims are counted by the separability thesis as contingent connections only; they do not hold of all possible legal systems—they probably don’t even hold of all historical legal systems. As merely contingent truths, it is said that they do not affect the concept of law itself. If we think of the positivist thesis this way, we might interpret the difference between exclusive and inclusive positivism in terms of the scope of the modal operator:

• (EP) It is necessarily the case that there is no connection between law and morality.
• (IP) It is not necessarily the case that there is a connection between law and morality.

In reality, however, legal positivism is not to be identified with either thesis: both are false. There are many necessary “connections”, trivial and non-trivial, between law and morality. As John Gardner notes, legal positivism takes a position on only one of them; it rejects any dependence of the existence of law on its merits (Gardner 2001). And with respect to this dependency relation, legal positivists are concerned with much more than the relationship between law and morality , for in the only sense in which they insist on a separation of law and morals they must insist also—and for the same reasons—on a separation of law and economics.

To exclude this dependency relation, however, is to leave intact many other interesting possibilities. For instance, it is possible that moral value derives from the existence of law (Raz 1975 [1990: 165–170]). If Hobbes is right, any order is better than chaos and in some circumstances order may be achievable only through positive law. Or perhaps in a Hegelian way every existing legal system expresses deliberate governance in a world otherwise dominated by chance; law is the spirit of the community come to self-consciousness. Notice that these claims are consistent with the fallibility thesis, for they do not deny that these supposedly good things might also bring evils, such as too much order or the will to power. Perhaps such derivative connections between law and morality are thought innocuous on the ground that they show more about human nature than they do about the nature of law. The same cannot be said of the following necessary connections between law and morality, each of which goes to the heart of our concept of law (on which see further Green 2008):

• (1) Necessarily, law deals with moral matters.

Kelsen writes,

Just as natural and positive law govern the same subject-matter, and relate, therefore, to the same norm-object, namely the mutual relationships of men—so both also have in common the universal form of this governance, namely obligation . (Kelsen 1928 [1973: 34])

This is a matter of the content of all legal systems. Where there is law there is also morality, and they regulate the same matters by analogous techniques. Of course to say that law deals with morality’s subject matter is not to say that it does so well, and to say that all legal systems create obligations is not to endorse the duties so created. This notion is distinct from Hart’s “minimum content” thesis according to which there are basic rules governing violence, property, fidelity, and kinship that any legal system must encompass if it aims at the survival of social creatures like ourselves (Hart 1961 [2012: 193–200]). Hart regards this as a matter of “natural necessity” and in that measure is willing to qualify his endorsement of the separability thesis. But even a society that prefers national glory or the worship of gods to survival will charge its legal system with the same tasks its morality pursues. Unlike the rules of a health club, law has broad scope and reaches to the most important things in any society, whatever they may be. Indeed, our most urgent political worries about law and its claims flow from just this capacity to regulate our most vital interests, and law’s wide reach must figure in any argument about its legitimacy. (A distinct argument, developed most fully by Raz (1994) and Gardner (2012a), is that law not only occupies itself with moral matters but makes moral claims over us. For criticism see Kramer 1999: 83–9; Duarte d’Almeida and Edwards 2014.)

• (2) Necessarily, law is justice-apt.

In view of the normative function of law in creating and enforcing obligations and rights, it always makes sense to ask whether law is just, and where it is found deficient to demand reform. Legal systems are therefore the kind of thing that is apt for appraisal as just or unjust. This is a significant feature of law. Not all human practices are justice-apt. It makes no sense to ask whether a certain fugue is just or to demand that it become so. The musical standards of fugal excellence are pre-eminently internal—a good fugue is a good example of its genre; it should be melodic, interesting, inventive etc.—and the further we get from these internal standards of excellence the more diverse evaluative judgments about it become. While some formalists flirt with similar ideas about law, this seems inconsistent with law’s place amongst human practices. Even if law has internal standards of merit—virtues uniquely its own that inhere in its law-like character—these cannot preclude or displace its assessment on independent criteria of justice. A fugue may be at its best when it has all the virtues of fugacity; but law is not best when it excels in legality; law must also be just. A society may therefore suffer not only from too little of the rule of law, but also from too much of it. This does not presuppose that justice is the only, or even the first, virtue of a legal system. It means that our concern for its justice as one of its virtues cannot be side lined by any claim of the sort that law’s purpose is to be law, to its most excellent degree. Law stands continuously exposed to demands for justification, and that too shapes its nature and role in our lives and culture.

• (3) Necessarily, law is morally risky.

It is a curious fact that almost all theories that insist on the essentially moral character of law take law’s character to be essentially good. The gravamen of Fuller’s philosophy is that law is essentially a moral enterprise, made possible only by a robust adherence to its own inner morality. The thought that the law might have an inner immorality never occurred to him. But, as Hart recognized, where there is “a union of primary and secondary rules”—that is to say, wherever there is law—moral risks emerge as a matter of necessity. There are not only newly efficient forms of oppression, unavailable in communities with more diffuse forms of social organization, there are also new vices: the possible alienation of community and value, the loss of transparency, the rise of a new hierarchy, and the possibility that some who should resist injustice may be bought off by the goods that legal order brings. Although law has its virtues, it also necessarily risks certain vices, and this marks a connection between law and morality of a reverse kind.

These three theses establish connections between law and morality that are both necessary and highly significant. Each of them is consistent with the positivist thesis that the existence and content of law depends on social facts, not on the law’s merits. Each of them contributes to an understanding of the nature of law. The once-popular idea that legal positivism insists on the separability of law and morality is therefore significantly mistaken.

The preceding theses together establish that law is not value-neutral. Although some lawyers regard this idea as a revelation (and others as provocation) it is in fact banal. The thought that law could be value neutral does not even rise to falsity—it is incoherent. Law is a normative system, promoting certain values and repressing others. Law is not neutral between victim and murderer or between owner and thief. When people complain of the law’s lack of neutrality, they are in fact voicing very different aspirations, such as the demand that it be fair, just, impartial, and so forth. A condition of law’s achieving any of these ideals is that it is not neutral in either its aims or its effects.

Positivism is however sometimes more credibly associated with the idea that legal philosophy is or should be value-neutral. Kelsen, for example, says, “the function of the science of law is not the evaluation of its subject, but its value-free description” (1960 [1967: 68]) and Hart at one point described his work as “descriptive sociology” (1961 [2012: v]). But a description of what? “Law” is an anthropocentric subject, dependent not merely on our sensory embodiment but also, as its necessary connections to morality show, on our moral sense and capacities. Legal kinds such as courts, decisions, and rules will not appear in a purely physical description of the universe and may not even appear in every social description. (This may limit the prospects for a “naturalized” jurisprudence; though for a defense of the contrary view, see Leiter 1997). Legal positivism, to be sure, is not an “evaluation of its subject”, i.e., an evaluation of the law . And to say that the existence of law depends on social facts does not commit one to thinking that it is a good thing that this is so (nor does it preclude it: see MacCormick 1985 and Campbell 1996). But it does not follow that legal philosophy therefore offers a “value-free description” of its subject. There is a sense, of course, in which every description is value-laden. It selects and systematizes only a subset of the infinite number of facts about its subject. To describe law as resting on customary social rules is to omit many other truths about it including, for example, truths about its connection to the demand for paper or silk. What forms the warrant for our prioritizing the former over the latter? Finnis (1980 [2011: 3–19]) thinks that the only possibility here has to do with the moral reasons we might have for wanting law (that we answer “what?” by answering “why?”) and that the failure of methodological positivism, the failure to achieve a value-free description of the subject, results in the failure of legal positivism. But the question of social significance is not exhausted by our moral register, and especially not only by its positive valence (on which see Dickson 2001). Others point to the notion of conceptual or metaphysical truth as setting the bounds of the question that positivism seeks to answer (for discussion see Raz 2004b). But however these difficult issues are to be resolved, we should not expect legal positivism itself to contribute much. A thesis about the nature of law is not at the same time a thesis about how to understand the nature of law.

It may seem, however, that legal positivism at least requires a stand on the so-called “fact-value” problem. There is no doubt that certain positivists, especially Kelsen, believe this to be so. In reality, positivism may cohabit with a range of views here—value statements may be entailed by factual statements; values may supervene on facts; values may be kinds of fact. Legal positivism requires only that it be in virtue of its facticity rather than its meritoriousness that something is law, and that we can describe that facticity without assessing its merits.

Evaluative argument is, of course, central to the philosophy of law more generally. No legal philosopher can be only a legal positivist. A complete understanding of law requires also an account of what kinds of things could possibly count as the merits of law (must law be efficient or elegant as well as just?); of what role law should play in adjudication (should valid law always be applied?); of what claim law has on our obedience (is there a duty to obey?); and also the more practical questions of what laws we should have and whether we should have law at all. Legal positivism does not aspire to answer these questions (although cf. Murphy 2014: 88–108 for the argument that the theory has important first-order implications for legal practice). Nonetheless, positivism’s claim that the existence and content of law depends only on social facts does give them shape.

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Austin, John | Bentham, Jeremy | law: and language | legal obligation and authority | naturalism: in legal philosophy | nature of law | nature of law: pure theory of law

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