2022
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Catherine Sharkey: Government by Algorithm: Artificial Intelligence in Federal Administration
Paul Daly February 14, 2022
Here is the video from Professor Catherine Sharkey’s presentation to the Administrative Law & Governance Colloquium last week: https://youtu.be/Sh1v8yo3DNs?t=23 Tomorrow evening, Dr. Janina Boughey will be joining us from Sydney. You can tune in here at 8.30 pm EST. And you can register for the rest of the series here. Read more
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Administrative Law & Governance Colloquium 2022: Janina Boughey (The Automated State), Tuesday February 15 8.30pm
Paul Daly February 12, 2022
The next speaker in this year’s Administrative Law & Governance Colloquium on automation, digitization and artificial intelligence in public administration will be Janina Boughey from the University of New South Wales, discussing her edited collection, The Automated State, at the unusual time of 8.30pm eastern (morning the following day Down Under). You can register here […] Read more
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Comparative Administrative Law
Paul Daly February 11, 2022
The British Association of Comparative Law has kindly allowed me to post on the comparative law aspects of Understanding Administrative Law in the Common Law World. The post begins: I am happy to describe myself as a comparative lawyer. I studied law in my native Ireland, before doing an LLM in the United States and […] Read more
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Some Thoughts on Methodology (with Joe Tomlinson)
Paul Daly February 10, 2022
Joe Tomlinson and I are finalizing an edited collection on methodology in public law. Here are some thoughts… Lawyers are notorious amongst scholars of the humanities and social sciences for failing to engage in detailed analysis of methodology. This perception is justified. As lawyers often – and in some cases exclusively – write to be […] Read more
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Taking Law Seriously: Essays in Honour of Peter Cane
Paul Daly February 9, 2022
Professor Peter Cane is one of the most prolific and important scholars of administrative law. His comparative work on administrative tribunals and controlling administrative power is outstanding, his Clarendon text on administrative law an excellent entry point into the subject (as is his co-authored text on Australian administrative law) and his many articles and book […] Read more
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The Generation and Guardianship of Constitutional Principles
Paul Daly February 2, 2022
I have posted “The Generation and Guardianship of Constitutional Principles” to SSRN: There is a tendency, certainly amongst lawyers, to think that it is exclusively the role of the courts to develop or identify constitutional principles and then to guard them. When considering constitutional principles in the Canadian setting, judicial pronouncements (as in the Secession […] Read more
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Administrative Law & Governance Colloquium 2022 (Artificial Administration): Some Reading
Paul Daly January 31, 2022
This year’s Administrative Law & Governance Colloquium kicks off next week with Professor Catherine Sharkey of New York University. The Colloquium will be virtual and, of course, free of charge. You can register here. Professor Sharkey will be discussing the report she co-authored for the Administrative Conference of the United States on artificial intelligence in […] Read more
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Correctness Review, Quasi-Constitutional Questions and Human Rights: United Nurses of Alberta v Alberta Health Services, 2021 ABCA 194
Paul Daly January 28, 2022
Yesterday, the Supreme Court of Canada dismissed the application for leave to appeal in United Nurses of Alberta v Alberta Health Services, 2021 ABCA 194. As I was retained to act for AHS on the leave application, I considered it was inappropriate to comment on the decision of the Alberta Court of Appeal. With the […] Read more
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COVID-19 in Canada: the Legal Framework
Paul Daly January 25, 2022
I have posted “COVID-19 in Canada: the Legal Framework” to SSRN. This is a ‘country report’ prepared for the International Academy of Comparative Law. Here is the abstract: In the legal framework for Canada’s pandemic response, executive government has been the dominant actor. The responsibility of balancing public health and economic well-being in rapidly evolving […] Read more
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Reminder: Understanding Administrative Law in the Common Law World with Mary Liston & Jacob Weinrib: January 26, 11.30 EST
Paul Daly January 24, 2022
I am looking forward to discussing (and defending!) Understanding Administrative Law in the Common Law World on Wednesday, with Professors Liston and Weinrib. Register here. Professor Liston’s work on the rule of law is required reading for Canadian law students and her vast scholarship on the foundational principles of administrative law comes highly recommended. Professor […] Read more