enforcement discretion
Overfishing: Yates v. United States, 574 U.S. ____ (2015)
Just a brief comment on the recent Supreme Court of the United States decision in Yates v. United States. While on a routine patrol, officials boarded a commercial fishing vessel captained by Yates to check that he and his crew were obeying federal fishing laws. Fully prepared for this important task, the officials took out […] Read more
Provincial Non-Enforcement of Federal Criminal Law
Tension about the uniform application of federal criminal law is in the news again. There is a suggestion that Ontario may refuse to enforce Canada’s new prostitution legislation, enacted recently after the previous provisions were struck down by the Supreme Court of Canada. This recalls recent and ongoing controversies in North America: state legalization of […] Read more
The Damoclean Sword of Enforcement Discretion
President Obama recently announced a significant policy of non-enforcement of immigration law aimed at protecting the position of illegal immigrants who are on a ‘pathway’ to citizenship. There is an excellent symposium at Jack Balkin’s blog, accessible here. Simply put, President Obama’s argument is that the legislative branch has not allocated sufficient resources to apply […] Read more
Canada’s Anti-Spam Law: Enforcement Discretion and Guidelines
Canada has a new anti-spam law. Sending commercial electronic communications without the recipient’s consent is no longer permitted. But “commercial activity” is very broadly defined: “any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in […] Read more
Administrative Law Matters at the Movies: a Whimsical Post for Oscar Night
Unlike most well-adjusted people I do not make a habit of watching the Oscars. I do make a habit, however, of watching movies that were nominated for Oscars (this and the IMDB rating system largely dictate my entertainment choices). Last night, I sat through Dallas Buyers’ Club, which is tipped to win heavily this evening. […] Read more