Mike Madden

University of Ottawa, Faculty of Law

PhD Candidate

SCHOLARLY PAPERS

23

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Scholarly Papers (23)

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1.

The Exclusion of Improperly Obtained Evidence at the International Criminal Court: A Principled Approach to Interpreting Article 69(7) of the Rome Statute

Number of pages: 155 Posted: 26 May 2014
Mike Madden
University of Ottawa, Faculty of Law
Downloads 745 (48,291)
Citation 1

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evidence, exclusion, tainted, 24(2), exclusionary rule, breach, international criminal procedure, poisoned tree, standing, derivative evidence, good faith, deterrence, dissociation, vindication, compensation, condonation

2.

Empirical Data on S. 24(2) Under R. v. Grant

Criminal Reports (6th Series), Vol. 78, pp. 278-290, 2011
Number of pages: 7 Posted: 24 Jan 2011
Mike Madden
University of Ottawa, Faculty of Law
Downloads 411 (101,092)

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3.

Conquering the Common Law Hydra: A Probably Correct and Reasonable Overview of Current Standards of Appellate and Judicial Review

The Advocates' Quarterly, Vol. 36, 2010
Number of pages: 26 Posted: 23 Aug 2009 Last Revised: 15 Feb 2010
Mike Madden
University of Ottawa, Faculty of Law
Downloads 374 (112,578)

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standard of review, appeal, judicial review, appellate review, Housen, Dunsmuir, reasonableness, correctness

4.

Trading the Shield of Sovereignty for the Scales of Justice: A Proposal for Reform of International Sea Piracy Laws

University of San Francisco Maritime Law Journal, Vol. 21, No. 2, pp. 139-166, 2009, Bocconi School of Law Student-Edited Papers No. 2009-11/EN
Number of pages: 28 Posted: 17 Sep 2009 Last Revised: 21 Jan 2012
Mike Madden
University of Ottawa, Faculty of Law
Downloads 343 (123,938)

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piracy, pirates, Somalia, high seas, ransom, UNCLOS, territorial water

5.

Planting the Seeds of a Non-Racial Society: White Women as Agents of Change in July's People, Disgrace, and a Blade of Grass

Number of pages: 109 Posted: 09 Apr 2009 Last Revised: 04 May 2009
Mike Madden
University of Ottawa, Faculty of Law
Downloads 217 (196,458)

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Apartheid, Interregnum, Coetzee, Gordimer, DeSoto, South Africa, Disgrace, July's People, A Blade of Grass

6.

Marshalling the Data: An Empirical Analysis of Canada’s s. 24(2) Case Law in the Wake of R. v. Grant

Canadian Criminal Law Review, Vol. 15, No. 2, 2011
Number of pages: 24 Posted: 23 Feb 2011 Last Revised: 15 May 2011
Mike Madden
University of Ottawa, Faculty of Law
Downloads 211 (201,613)

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7.

A Model Rule for Excluding Improperly or Unconstitutionally Obtained Evidence

(2015) Berkeley Journal of International Law, 33:2, 442-488.
Number of pages: 47 Posted: 14 Jan 2015 Last Revised: 24 Sep 2019
Mike Madden
University of Ottawa, Faculty of Law
Downloads 180 (232,274)

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exclusion, tainted, evidence, fourth amendment, search, comparative, international, dissociation, vindication, deterrence, deterrent, compensation, rights, breach

8.

Second Among Equals? Understanding the Short Shrift that Freedom of Religion is Receiving in Canadian Jurisprudence

Journal of Law and Equality, Vol. 7, No. 1, pp. 55-86, 2011
Number of pages: 32 Posted: 24 Jan 2011
Mike Madden
University of Ottawa, Faculty of Law
Downloads 161 (255,293)

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9.

Stating it Simply: A Comparative Study of the Quantitative Readability of Apex Court Decisions from Canada, Australia, South Africa, the UK, and the USA

North Carolina Journal of Law and Technology, Forthcoming
Number of pages: 41 Posted: 28 May 2021 Last Revised: 30 Jul 2021
Mike Madden
University of Ottawa, Faculty of Law
Downloads 124 (313,012)

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readability, corpus linguistics, NLP, apex courts, natural language processing, judicial decisions, Flesch-Kincaid, SMOG, High Court of Australia, HCA, Supreme Court of Canada, SCC, SCOTUS, Constitutional Court of South Africa, ZACC, Supreme Court of the United Kingdom, UKSC

10.

Naval Chameleons: Re-Evaluating the Legality of Deceptive Lighting Under International Humanitarian Law

Canadian Naval Review, Vol. 6, No. 4, p. 4, 2011
Number of pages: 6 Posted: 28 Feb 2011
Mike Madden
University of Ottawa, Faculty of Law
Downloads 112 (336,440)

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Perfidy, Deceptive Lighting, IHL, Ruse, Naval Warfare

11.

Of Wolves and Sheep: A Purposive Analysis of Perfidy Prohibitions In International Humanitarian Law

(2012) 17:3 Journal of Conflict and Security Law
Number of pages: 33 Posted: 30 Jan 2012 Last Revised: 24 Jul 2012
Mike Madden
University of Ottawa, Faculty of Law
Downloads 95 (374,848)

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IHL, LOAC, perfidy, ruse, deceptive lighting, law of war, law of armed conflict, international humanitarian law

12.

Making Use of Neutral Forces: Mediation of Performance Appraisal Disputes Within the Canadian Forces

Canadian Military Journal, Vol. 11, No. 4 pp. 8-14, 2011
Number of pages: 7 Posted: 12 May 2010 Last Revised: 31 Oct 2011
Mike Madden
University of Ottawa, Faculty of Law
Downloads 92 (382,482)

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ADR, mediation, performance appraisal, arbitration, Canadian Forces, CF, alternate dispute resolution, informal resolution

13.

First Principles and Last Resorts: Complications of Civilian Influences of the Military Justice System

Canadian Military Journal, Vol. 9, No. 3, 2009
Number of pages: 13 Posted: 06 Apr 2009
Mike Madden
University of Ottawa, Faculty of Law
Downloads 83 (407,074)

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Military Justice, Sentencing, court martial, military law, service tribunal, imprisonment, last resort

14.

Comparative Cherry-Picking in a Military Justice Context: The Misplaced Quest to Give Universally Expansive Meaning to International Human Rights

(2014) 46 George Washington International Law Review 713
Number of pages: 52 Posted: 19 Feb 2014 Last Revised: 24 Feb 2021
Mike Madden
University of Ottawa, Faculty of Law
Downloads 79 (418,854)

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military justice, summary trials, comparative, cherry-picking, court-martial, desuetude, backsliding, withdrawal

15.

Book Review - Criminal Evidence and Human Rights: Reimagining Common Law Procedural Traditions, Edited by Paul Roberts and Jill Hunter

(2013) 50:4 Osgoode Hall Law Journal
Number of pages: 10 Posted: 09 May 2013 Last Revised: 14 Mar 2014
Mike Madden
University of Ottawa, Faculty of Law
Downloads 79 (418,854)

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Evidence, Human Rights, Criminal Procedure, Constitutional Law, Hearsay, Exclusion, Epistemic

16.

Sui Not-So-Generous: The Unconstitutionality of Canadian Court Martial Jury Trials

Appeal: Review of Current Law and Law Reform, Vol. 14, pp. 24-36, 2009
Number of pages: 14 Posted: 16 Apr 2009 Last Revised: 08 Mar 2011
Mike Madden
University of Ottawa, Faculty of Law
Downloads 67 (458,033)

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Military Law, Military Justice, Court Martial, Courts Martial, Jury, Charter of Rights and Freedoms, panel

17.

Judging Readability: A Study of Opinions Written by Apex Court Judges from Australia, Canada, South Africa, the United Kingdom, and the United States

Number of pages: 40 Posted: 20 Jul 2022 Last Revised: 04 Aug 2022
Mike Madden
University of Ottawa, Faculty of Law
Downloads 62 (476,205)

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readability, judicial opinions, Flesch-Kincaid, CAREC, retirement age, accessibility, access to justice, legal writing

18.

Keeping Up with the Common Law O'Sullivans? The Limits of Comparative Law in the Context of Military Justice Law Reforms

Alberta Law Review, Vol. 51, No. 1, 2013
Number of pages: 28 Posted: 25 May 2013 Last Revised: 04 Feb 2014
Mike Madden
University of Ottawa, Faculty of Law
Downloads 60 (483,899)

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fair trial, military justice, comparative law, Ireland, Canada, court martial, summary trial, summary disposal, non-judicial punishment, Defence Act, Findlay, ECHR, independent and impartial

19.

Anchoring the Law in a Bed of Principle: A Critique of, and Proposal to Improve, American and Canadian Confrontation and Hearsay Law

Boston College International and Comparative Law Review, Vol. 35, No. 2, p. 395, 2012
Number of pages: 54 Posted: 10 Jan 2012 Last Revised: 30 May 2012
Mike Madden
University of Ottawa, Faculty of Law
Downloads 57 (495,531)

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Confrontation, Hearsay, cross-examine, Evidence, Epistemological, Crawford, Bryant, Davis, Melendez-Diaz, Khan, Starr, principled approach

20.

Comparing ‘Appels’ and Oranges: An Examination of the Link between Appeal Processes and Judiciary Structures in Canada and France

Journal of Appellate Practice and Process, Vol. 12, No. 2, 2012
Number of pages: 38 Posted: 14 Jul 2011
Mike Madden
University of Ottawa, Faculty of Law
Downloads 54 (511,972)

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Appeals, Criminal Appeals, Appellate Law, Appellate Procedure, Canadian Judges, French Judges, Comparative Criminal, Comparative Appellate, Judiciary

21.

Entrench the Bench! Canada's Pressing Need for a Permanent Military Court

Criminal Law Quarterly, Vol. 55, pp. 215-238, 2009
Number of pages: 13 Posted: 16 Sep 2009
Mike Madden and Jason Samson
University of Ottawa, Faculty of Law and affiliation not provided to SSRN
Downloads 54 (507,766)

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Military, Court Martial, Military Justice, Judges, Permanent Court

22.

Equal, but only Conceptually: Explaining the Phenomenon of Religious Losses in Contemporary Canadian Constitutional Cases Involving Conflicting Rights

forthcoming in Dalhousie Law Journal
Number of pages: 30 Posted: 11 Jun 2021 Last Revised: 30 Jul 2021
Mike Madden
University of Ottawa, Faculty of Law
Downloads 47 (538,679)

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religious freedom, proportionality, conflicting rights, public reason, dignitary harm, emancipation rights, same sex marriage, niqab, abortion, medical assistance in dying, Trinity Western, hierarchy of rights

23.

Trading the Shield of Sovereignty for the Scales of Justice

International Law Students Association Quarterly, Vol. 18, No. 1, pp. 16-23, 2009, University of San Francisco Maritime Law Journal, Vol. 21, No. 2, 2009
Number of pages: 8 Posted: 07 Jan 2010
Mike Madden
University of Ottawa, Faculty of Law
Downloads 10 (791,133)

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piracy, unclos, law of the sea, maritime terrorism