The clash between the borderless Internet and the geographically structured legal landscape is almost universally adopted as the starting point for discussions of Internet jurisdiction issues. This clash is important, but to fully appreciate its implications we need to proceed far into the territory of jurisprudence. Here, I draw attention to how three presumptions that underpin all legal syste...

never-never land. In the reality of a concrete context, we are able to grasp the point of a text without slipping into an infinite regress bereft of meaning. 73 Moreover, neither traditions nor prejudices are mere mental forms or ideas that can be replaced by simply imagining different forms or ideas. Prejudices and interests often are learned or absorbed in a deep sense; they become embodied i...

Direct-to-consumer advertising (DTCA) of prescription drugs is an increasingly contentious issue in Canada. Under the Food and Drugs Act, the pharmaceutical industry is limited to advertising prescription medications to medical intermediaries such as doctors and pharmacists. Straightforward advertising directly to the public is proscribed, with such advertisements limited to describing either t...

Colorado and Pennsylvania, like parallel universes, provide strikingly different examples of how external forces affect the evolution of oil and gas conservation jurisprudence originating from a common starting point. This jurisprudence includes both “Classical” oil and gas conservation—measures to prevent waste of the oil and gas resource, and “Values” oil and gas conservation—measures that ad...