Monthly Archives: November 2018

The “Cultural Appropriation” Criticism: Lousy Analogy and Censorship in Disguise

On October 23, alongside my colleagues Konstantia Koutouki of University of Montreal, as well as Safie Diallo and Alexandra Lorange, I partook in a discussion initiated by the McGill Runnymede Society, on the criticism of cultural appropriation in the arts and literature. In preparation for this discussion, I discovered more problems with the notion of cultural appropriation than time would ...

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Understanding Unconstitutionality

The following is an excerpt from Mr. Peltomaa’s recently published text, Understanding Unconstitutionality: How a Country Lost its Way.    Courts are often said to “strike down” laws that conflict with the Constitution. An image is evoked of black-robed judges hurling bolts of lightning in Zeus-like manner, thereby destroying the legal efficacy of unconstitutional laws and expunging them from the ...

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Protecting Rights: A Common Responsibility

“Are great public problems best addressed through institutions designed to apply the explicit technical knowledge of experts or by those designed to channel the implicit social knowledge of the community?”[1] Since the enactment of the Charter of Rights and Freedoms, Canada has experienced a remarkable shift from the latter forum to the former—namely, from legislature to courtroom.[2] Not only has ...

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