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Articles 1 - 30 of 58
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Book Review: Privatization, Law, And The Challenge To Feminism, By Brenda Cossman And Judy Fudge (Eds), Dorothy E. Chunn
Book Review: Privatization, Law, And The Challenge To Feminism, By Brenda Cossman And Judy Fudge (Eds), Dorothy E. Chunn
Osgoode Hall Law Journal
No abstract provided.
Sound Science, Careful Policy Analysis, And Ongoing Relationships: Integrating Litigation And Negotiation In Aboriginal Lands And Resources Disputes, Shin Imai
Osgoode Hall Law Journal
Until recently, both courts and dispute resolvers have viewed negotiation and adjudication as two separate processes. What occurred in one process was considered largely irrelevant to what went on in the other. Recently, however, there has been a growing recognition that both processes must work together to resolve disputes over Aboriginal lands and resources. This paper weaves together the emerging trends in court decisions with the new thinking on dispute system design to set out a framework that maximizes the strengths of each process. In this framework, the courts are responsible not only for adjudicating on the substance of Aboriginal …
Book Review: Indigenous Peoples And Governance Structures: A Comparative Analysis Of Land And Resource Management Rights, By Garth Nettheim, Gary D. Meyers And Donna Craig, Benjamin J. Richardson
Book Review: Indigenous Peoples And Governance Structures: A Comparative Analysis Of Land And Resource Management Rights, By Garth Nettheim, Gary D. Meyers And Donna Craig, Benjamin J. Richardson
Osgoode Hall Law Journal
No abstract provided.
Book Review: Debt's Dominion: A History Of Bankruptcy Law In America, By David A. Skeel Jr., Janis Sara
Book Review: Debt's Dominion: A History Of Bankruptcy Law In America, By David A. Skeel Jr., Janis Sara
Osgoode Hall Law Journal
No abstract provided.
An Empirical Investigation Of Corporate Division 1 Proposals In The Toronto Bankruptcy Region, Jacob S. Ziegel, Rajvinder S. Sahni
An Empirical Investigation Of Corporate Division 1 Proposals In The Toronto Bankruptcy Region, Jacob S. Ziegel, Rajvinder S. Sahni
Osgoode Hall Law Journal
In 1992, Canada's Parliament approved major amendments to the Bankruptcy and Insolvency Act (BIA). The amendments included the adoption of a new Commercial Proposal regime for the reorganization of insolvent Canadian businesses with a view to enabling more enterprises to stay in business and avoid liquidation under the other provisions of the BIA. This article reports the results of an empirical study of all Division 1 corporate proposals filed in Toronto between November 1992 and December 1996 to determine how the new proposal regime works in practice. The authors' overall conclusion is that the 1992 amendments have achieved their goals, …
Book Review: Women's Legal Strategies In Canada, By Radha Jhappan (Ed), Maneesha Deckha
Book Review: Women's Legal Strategies In Canada, By Radha Jhappan (Ed), Maneesha Deckha
Osgoode Hall Law Journal
No abstract provided.
Compendium: Recent Graduate Student Dissertation And Thesis Abstracts, Anonymous
Compendium: Recent Graduate Student Dissertation And Thesis Abstracts, Anonymous
Osgoode Hall Law Journal
No abstract provided.
"You Can't Always Get What You Want": The Territorial Scope Of An Independent Quebec, Peter Radan
"You Can't Always Get What You Want": The Territorial Scope Of An Independent Quebec, Peter Radan
Osgoode Hall Law Journal
In Reference Re Secession of Quebec, the Court identified Quebec's borders as a critical issue in any secession negotiation. Canadian constitutional law requires changes to existing borders, particularly if the Aboriginal communities of Ungava maintain their opposition to becoming part of an independent Quebec, for three reasons. First, an independent Quebec has no right to territory gained in 1898 and 1912 because those territories were granted on the condition that Quebec remain in the federation. Second, the existence of constitutionally entrenched fiduciary obligations owed by the Crown to Quebec's Aboriginal peoples gives the latter a veto over a constitutional amendment …
Book Review: Rights, Communities And Disobedience Liberalism And Gandhi, By Vinit Haksar, Brian D. Berry
Book Review: Rights, Communities And Disobedience Liberalism And Gandhi, By Vinit Haksar, Brian D. Berry
Osgoode Hall Law Journal
No abstract provided.
Civil Disobedience And Academic Freedom, Leslie Green
Civil Disobedience And Academic Freedom, Leslie Green
Osgoode Hall Law Journal
What is the relation between the forms of principled law-breaking that we know as civil disobedience and the special rights of teachers and students that comprise academic freedom? It is argued that academic freedom does not give them a right to engage in civil disobedience, not even on campus. At the same time, however, academic freedom does protect them in studying, discussing, assessing, and even recommending civil disobedience--even when their opinions and recommendations are misguided or wrong. The subject is discussed in light of some recent cases.
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Based on a two-year project launched by the Journal. Its goal was to engage students, faculty, and all members of the wider Osgoode and professional communities in an ongoing discussion about the nature and limits of law, seen through the lens of civil disobedient conduct in a legal polity that had developed mature democratic and civil liberty enhancing institutions. To this end, a variety of panels, seminars, and lectures were organized, beginning in the Fall of 2001. They were interpellated into the law school's curriculum. A culminating event was a conference in the Fall of 2002, to which a select …
Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty
Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty
Osgoode Hall Law Journal
This article examines the historical origins of civil liberties and shows their importance to systems of government rooted in the principles of representative democracy. It argues that the subject of civil liberties needs to be distinguished from issues related to criminal justice and human rights, and that too broad a deployment of the language of civil liberties can lead to the importance of civil liberties being underappreciated by the wider public. The article considers how the integrity of the language of civil liberties and the representative system of democracy as a whole can be preserved in the face of the …
Legal Responses To Mass Protest Actions: The Dramatic Role Of Solidarity In Obtaining Generous Plea Bargains, Frances Olsen
Legal Responses To Mass Protest Actions: The Dramatic Role Of Solidarity In Obtaining Generous Plea Bargains, Frances Olsen
Osgoode Hall Law Journal
Comments on police and other government officials attempts to control protest activities by limiting parade permits and instigating confrontations with demonstrators. Focuses on WTO meeting in Seattle, Washington in November, 1999; the World Bank meeting in Washington, D.C. in April, 2000; and the Democratic National Convention in Los Angeles, California in 2000.
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Osgoode Hall Law Journal
Discusses the role of judges when cases of civil disobedience are brought before the court.
On The Moral Justifiability Of Terrorism (State And Otherwise), Kai Nielsen
On The Moral Justifiability Of Terrorism (State And Otherwise), Kai Nielsen
Osgoode Hall Law Journal
Characterizes and discusses terrorism and considers when, if ever, terrorism might be morally justified. Focuses on "state terrorism" arguing that it is the main engine for creating and sustaining other forms of terrorism.
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin
Osgoode Hall Law Journal
Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.
Social Resistance And The Disturbing Of The Peace, John Clarke
Social Resistance And The Disturbing Of The Peace, John Clarke
Osgoode Hall Law Journal
Argues that preserving the Peace maintains injustice, and that it is morally just and historically necessary to challenge it with acts of social resistance.
From Civil Disobedience To Obedient Consumerism: Influences Of Market-Based Activism And Eco-Certification On Forest Governance, Emily Walter
Osgoode Hall Law Journal
This article looks at the implicit politics of eco-certification as an activist strategy. Drawing on the example of the Forest Stewardship Council and forestry activism in British Columbia during the 1990s, this article considers underlying norms of the certification approach, the inherent limitations of its institutional setting, and the empowering and disempowering implications for participants in forest policy debates. These implicit politics may have a disciplining influence on public debate regarding the future of environmental regulation, and governance more generally, at a time when wider experimentation with alternative approaches is both necessary and otherwise timely. The analysis draws attention to …
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
Osgoode Hall Law Journal
This article offers a preliminary theoretical statement on the law as a set of boundaries constraining class struggle in the interests of capitalist authority. But those boundaries are not forever fixed, and are constantly evolving through the pressures exerted on them by active working-class resistance, some of which takes the form of overt civil disobedience. To illustrate this process, the author explores the ways in which specific moments of labour upheaval in 1886, 1919, 1937, and 1946 conditioned the eventual making of industrial legality. When this legality unravelled in the post-World War II period, workers were left vulnerable and their …
Book Review: Renegade Lawyer: The Life Of J. L. Cohen, By Laurel Sefton Macdowell, Beth Bilson
Book Review: Renegade Lawyer: The Life Of J. L. Cohen, By Laurel Sefton Macdowell, Beth Bilson
Osgoode Hall Law Journal
No abstract provided.
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Les contributions à cette collection proviennent des activités d’un projet de deux ans. Son but consistait à inviter les étudiants, la faculté, tous les membres de la communauté d'Osgoode et de la communauté juridique dans leur ensemble, à s'associer à un débat permanent sur la nature et les limites du droit, vues à travers le prisme de la conduite de désobéissance civile dans une politie juridique qui avait de longue date développé des institutions démocratiques et propagé les libertés civiques. À cette fin, divers panels, séminaires et conférences ont été organisés dès l'automne 2001. Ils sont évoqués dans le curriculum …
The Origins Of Political Policing In Canada: Class, Law, And The Burden Of Empire, Andrew Parnaby, Gregory S. Kealey
The Origins Of Political Policing In Canada: Class, Law, And The Burden Of Empire, Andrew Parnaby, Gregory S. Kealey
Osgoode Hall Law Journal
This essay examines the origins of the Canadian secret service from the 1860s to the Great War. During this time, the Canadian government faced political challenges from Irish republicans and South Asian radicals. Both groups sought to liberate their home countries-Ireland and India-from British rule by promoting the idea of independence and the necessity of militant tactics amongst their respective immigrant communities in North America. Faced with this subversive activity, which had both domestic and international implications, the government created a secret service to gather political intelligence. Significantly, the government's political response was shaped decisively by its status as an …
Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker
Keeping Up With The Neighbours: Canadian Responses To 9/11 In Historical And Comparative Context, Reg Whitaker
Osgoode Hall Law Journal
The impact of 9/11 on Canada is assessed in historical context, in relation to the coming of the Cold War in the 1940s and the October 1970 Le Front de Liberation du Quebec terrorist crisis in Quebec. Canadian policy responses to 9/11 are then considered in the comparative context of responses from Canada's closest neighbours, the United States and the United Kingdom. Although to some degree, Canada can be seen to be trying to 'keep up with the neighbours', Canadian responses are more determined by specifically Canadian requirements, especially the need to protect Canadian sovereignty and economic security from the …
The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue
The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue
Osgoode Hall Law Journal
This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal "anti-terrorism" legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.
No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi
No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi
Osgoode Hall Law Journal
After September 11, 2001, some scholars and policy-makers promoted the racial profiling of Arabs and Muslims as a means towards greater national security. While racial profiling has not been officially sanctioned in Canada, it attracts popular support and undeniably takes place. The first part of this article identifies three different categories of racial profiling in the context of Canada's War against Terrorism. The second part identifies the problems associated with racial profiling. It argues that racial profiling undermines national security while also heightening the vulnerability and exclusion of Arabs, Muslims, and other racialized groups in Canada.
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Tradition, Judges, And Civil Liberties In Canada, Douglas Hay
Osgoode Hall Law Journal
Comments on the role of the first chief justice of Upper Canada, William Osgoode (1754-1824), on shaping the law during a period of "counter-revolutionary and anti-democratic repression throughout the British Empire." Concludes that laws were often presented as emergency legislation that nevertheless effectively became permanent, challenging civil liberties in times of political or social conflict
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Osgoode Hall Law Journal
This article examines the ways in which the law of bail has been used to criminalize dissent in Canada. Three case studies are analyzed to demonstrate how the law of bail has been applied to those arrested at global justice demonstrations associated with militant civil disobedience. The first case study examines the bail conditions imposed on protesters arrested at anti-APEC demonstrations in Vancouver 1997. These bail conditions were intentionally designed to prevent those arrested from attending the protests. The second case study focuses on the Ontario Coalition Against Poverty (OCAP), with an analysis of how the bail system has been …
The Right To Civil Disobedience, Vinit Haksar
The Right To Civil Disobedience, Vinit Haksar
Osgoode Hall Law Journal
This article compares and contrasts the way Gandhi understands the right to civil disobedience with the way this right is understood by some contemporary liberals. Some of the implications of the right to civil disobedience are also discussed. The right to civil disobedience implies that the authorities should extend some tolerance to civil disobedients not only when they are correct, but also when they are reasonably mistaken in their views. Tolerance here does not involve preventing civil disobedients from breaking the law, and implies that when civil disobedients break the law, they have a claim not to be punished or …
Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway
Osgoode Hall Law Journal
This article examines the (re)emergence of large-scale civil disobedience and the accompanying debates about violence and non-violence in the contemporary anti-globalization movement. Rooted in the Canadian movement but in conversation with wider debates, the article tracks movement practices and debates from the Battle of Seattle through to the Quebec Summit. The debate took a new turn in Genoa, with massive police brutality and the killing of a protester, and again following the events of September 11, 2001. The central argument of the article is that the new forms of civil resistance embody a critique of prevailing forms of organization, participation, …
Book Review: [Ab]Using Power: The Canadian Experience, By Susan C. Boyd, Dorothy E. Chunn And Robert Menzies (Eds), Afshan Ali
Osgoode Hall Law Journal
No abstract provided.