Foreword – Digital Companion Volume III

Dean Christopher Waters

I am grateful to the editors of the Windsor Review of Legal and Social Issues (WRLSI) for the invitation to write this foreword. As I write, the effect of US President Trump’s executive order banning citizens of 7 Muslim-majority states is being felt around the world, including in Windsor, a border city with deep, historic ties across the Detroit River. A comity and rules-based approach to continental and international affairs is unquestionably under fire. One of the articles in this fine Digital Companion to the WRLSI, “After Paris: A New Era of Securitization of US & Canadian Refugee and Immigration Policy” directly interrogates this threat to the rule of law in global affairs from a “securitization” agenda rooted in fear and ignorance. Other articles examine transnational legal issues in the context of trade and illegal wildlife trade. Closer to home, two articles take education as a site to examine how the regulatory state addresses collective bargaining and mental health. Each of these pieces, written by students and edited by students, give me hope that critical thinking and careful, deliberate research and communication will continue to challenge fear, ignorance, and decision-making unmoored from evidence in international and domestic affairs.

Christopher Waters
Windsor Law

Digital Companion Volume III

The Windsor Review of Legal and Social Issues is proud to present the third volume of the Digital Companion.

Exclusively reserved for student work, the third volume of the Digital Companion features the very best papers presented by law students at the 9th Annual Canadian Law Student Conference, held in March 2016, in Windsor, Ontario.

The Review is currently  accepting submissions for the 10th Annual  Canadian Law Student Conference, to be held March 14, 15 &16, 2017 in Windsor, Ontario. Selected papers presented at LawCon 10 will be published in the fourth volume of the  Digital Companion.

Josh Marcus, “Domain Name Seizure in Action: A Canadian-American Comparison”

The evolution of the Internet has challenged courts and governments to apply existing legislation to the previously neglected digital domain. In many cases, courts must apply centuries-old principles of contract or property law to the virtual world. Issues about squatting, trademark infringement, and piracy have taken on a new form, placing a burden on legislators to ensure that the law evolves alongside technology. While the Internet undoubtedly provides immense benefits to society, it has also given rise to a new vehicle for crime and trademark infringement. Many websites allow for downloading or viewing copyrighted, obscene, or otherwise illegal material. In response, the United States Federal Bureau of Investigation (FBI) has seized many domain names that link to these sites. This paper is an in-depth discussion of Canada’s ability to do the same through a comparative analysis of the legal framework in these two countries. It will conclude that through the courts, the Canadian government can seize domain names ending in “.CA” provided that the alleged offences allow for the seizure of property through legislation.

Josh Marcus, “Domain Name Seizure in Action: A Canadian-American Comparison” (PDF)