Digital Commons Network^™

The Use Of Public Interest Enforcement Orders By Securities Regulators In Canada, Mary G. Condon

Commissioned Reports, Studies and Public Policy Documents

The purpose of this study is to examine the use of discretionary enforcement powers by securities regulators in Canada, in order to assess the implications of multiple regulators for the enforcement of securities law.

Local And Regional Interests In The Debate On Optimal Securities Regulatory Structure, Poonam Puri

Commissioned Reports, Studies and Public Policy Documents

In considering optimal securities regulatory structure, it is important to determine whether distinctive local and regional capital markets exist. If so, they should be taken into account.

A capital market is comprised of issuers and investors. In respect of issuers, this study finds that local infrastructures for capital raising (LICRs) exist for certain industries and levels of market capitalization. An LICR is defined as a geographic region where there is a critical mass of issuers of a certain industry type or level of market capitalization; this allows local securities regulators and professionals (such as investment bankers, lawyers and accountants) to …

Transcript Of Mr. Samir Ezzine’S Cross-Examination By Mr. Roussy Dated 3 July 2003

Applicant's Motion for Advanced Costs, June 2008

No abstract provided.

The Dean's Newsletter: Volume 2, No.1 (Summer 2003), Osgoode Hall Law School Of York University, Peter W. Hogg

The Dean's Newsletter

No abstract provided.

A Cost Benefit Analysis Of The Multi-Jurisdictional Disclosure System Between Canada And The U.S., Poonam Puri, A. Sen

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Diffusing Environmental Regulation Through The Financial Services Sector: Reforms In The Eu And Other Jurisdictions, Benjamin J. Richardson

Articles & Book Chapters

The financial services sector has the potential to be an important facet of future systems of environmental governance. But, so far, only ad hoc policy initiatives have arisen in the EU and other countries addressing the environmental roles of banks or insurers. Because the financial services sector is where wholesale decisions regarding future development, and thus pressures on the environment, arise, reform of investment, banking and insurance services to promote long term investment and better consideration of environmental impacts may be an effective way to promote sustainable development. Reforms such as corporate environmental reporting requirements, mandatory environmental liability insurance, and …

The Uk's Climate Change Levy: Is It Working?, Benjamin J. Richardson, Kiri L. Chanwai

Articles & Book Chapters

No abstract provided.

Evaluating Un Human Rights Treaty Bodies: Toward A Paradigmatic Transition, Obiora Chinedu Okafor

All Papers

No abstract provided.

The Policy Inquiry: An Endangered Species?, John D. Mccamus

Articles & Book Chapters

No abstract provided.

The Van Ert Methodology Of Domestic Reception, Jamie Cameron

Articles & Book Chapters

A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.

From Jailbird To Jailbait: Age Of Consent Laws And The Construction Of Teenage Sexualities, Kate Sutherland

Articles & Book Chapters

Age of consent laws provide an obvious example of direct state intervention into the sexual lives of teenagers. But the reach of this body of law extends further than this, operating in complex and contradictory ways that generate a range of distributive effects. For example, the roles that parents and welfare officials play in enforcement decisions have an impact on broader struggles between teenagers, parents, and state officials over teenage sexual activity and sexual values. Further, in those contexts where age of consent laws do not apply or where they are not enforced, teenage sex will be left in the …

Conversations About Families In Canadian Courts And Legislatures: Are There "Lessons" For The United States?, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

Making Progress?: Change And The Common Law, Allan C. Hutchinson

Articles & Book Chapters

No abstract provided.

Foreign Public Law And The Colour Of Comity: What's The Difference Between Friends?, Janet Walker

Articles & Book Chapters

The decision of in Reynolds Tobacco v AG Canada exposes marked differences in the approach taken in the US and Canada to the foreign public law exception, differences that can be traced to different approaches to the relationship between the institutions of government.

Chapter 11 And The Francovich Doctrine: Comparing State Liability Under Nafta And Ec Law, Gus Van Harten

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

Thinking About Dispute Resolution, Trevor C. W. Farrow

Articles & Book Chapters

This is a review of Julie Macfarlane et al., eds. Dispute Resolution: Readings and Case Studies. 2nd ed. Toronto: Emond Montgomery, 2003.

Reform Proposal: Uniform Source Withholding Tax And Global Profit Split, Jinyan Li

Articles & Book Chapters

This chapter first presents a case for a re-evaluation of the fundamental concepts and principles of international taxation in light of the challenges posed by electronic commerce. It also argues that inter-nation fairness should be the primary policy objective of any improvement(s) to the present system and that single taxation should be the guiding principle.

Caveat Emptor: The Position At Common Law, John D. Mccamus

Articles & Book Chapters

No abstract provided.

Green Revolution Or Greenwash? Voluntary Environmental Standards, Public Law And Private Authority In Canada, Stepan Wood

Articles & Book Chapters

No abstract provided.

Disgorgement For Breach Of Contract: A Comparative Perspective, John D. Mccamus

Articles & Book Chapters

No abstract provided.

Globalization, International Human Rights, And Civil Procedure, Trevor C. W. Farrow

Articles & Book Chapters

This article discusses the modern convergence of three traditionally separate topics: globalization and international human rights on the one hand, and civil procedure on the other. Its project is twofold: first, to highlight the role of domestic legal processes and communities in the advancement of the post-World War I1 international human rights project. Second - in contemplation of the specific context of teaching civil procedure - to help bring alive the power and increasingly-global context of civil procedure for the benefit of students.

Making Day To Day Sense Of European Governance, Review Of: Christian Calliess And Matthias Ruffert's Kommentar Zu Eu-Vertrag And Eg-Vertrag. 2nd Edn, Peer Zumbansen

Articles & Book Chapters

No abstract provided.

The Juridical Origins Of The International Patent System: Towards A Historiography Of The Role Of Patents In Industrialization, Ikechi Mgbeoji

Articles & Book Chapters

Given the controversial and indeed, ideological tenor of the various claims by many “patent systems” as to authorship of the patent system, this article engages in an historical reconstruction of the evolution and development of the modern juridical system of patents.In the analysis, various competing “histories” of the patent system are examined, evaluated and their veracity as the origin of the patent system are resolved. In my view, the competing claims to the origins of the patent systems can only be resolved on the basis of certain criteria which constitute the irreducible essence of a patent system. In other words, …

Beyond Rhetoric: State Sovereignty, Common Concern, And The Inapplicability Of The Common Heritage Concept To Plant Genetic Resources, Ikechi Mgbeoji

Articles & Book Chapters

Until the emergence of the Convention on Biological Diversity in 1992 and the FAO Treaty on Plant Genetic Resources in 2001, opinion had hardened in some quarters that the principle of a common heritage of mankind regulated international transfer of plant genetic resources, By a historical analysis of customary international law in the colonial age and the recent pedigree of the principle of common heritage, this article points out the fallacies in such arguments and contends that plants have always been subject to various national jurisdictions. It has to be conceded, however, that contemporary developments in the field of international …

Hard Choices And Soft Law: Ethical Codes, Policy Guidelines And The Role Of The Courts In Regulating Government, Lorne Sossin, Charles Smith

Articles & Book Chapters

The authors examine a number of examples of "soft law": written and unwritten instruments and influences which shape administrative decision making Rather than rendering bureaucratic processes more transparent and cohesive, or fostering greater accountability and consistency among decision-makers, "soft law" in this context frequently reinforces artificial divisions. Moreover, it insulates decisions and decision-makers from the kinds of critical inquiry typically associated with "hard law. " If it is to realize its potential as a bridge between law and policy, and lend meaning to core principles - like fairness and reliability - soft law ought to be subjected to similarly critical …

A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos

Articles & Book Chapters

Ten years ago, the Ontario Court of Appeal introduced the investigative detention power to Canada with its decision in R. v. Simpson. After providing some necessary background about the realities of police detention practices, the author offers a critical evaluation of Simpson and the ancillary powers doctrine that it relied upon to create this new police power. The author then proceeds to consider how well the investigative detention experiment has fared over the last decade, examining whether it has lived up to the goal that provided its inspiration, namely, the regulation of police detention practices. The author advances two major …

Globalization & The Law: An Introduction, Trevor C. W. Farrow, Sheilah L. Martin

Articles & Book Chapters

The focus of this special issue of the Alberta Law Review is globalization and the law. The purpose of this special issue is to look at ways that law is participating, and can participate, in the process of globalization. Given the social and political regulatory power of law- both domestic and international - there is no doubt that law can and should have a lot to say about how the process of globalization develops.

Ethical Finance In Britain: A Neglected Prerequisite For Sustainability, Benjamin J. Richardson

Articles & Book Chapters

Financial institutions play a central role in capital and debt markets, providing the finance that shapes development patterns, and thus environmental pressures. Environmental law has traditionally focused on development itself, but not the capital allocation function. Consequently, the underlying market dynamics and growth imperatives are not adequately addressed. To achieve sustainable development in Britain, new legal tools and policies to promote ethical financing in the financial services sector are necessary. This article explains why ethical financing is important to sustainability, surveys the range of financial institutions in Britain relevant to ethical finance, and makes recommendations to improve the regulatory and …

The Harms Of Child Pornography Law, Bruce Ryder

Articles & Book Chapters

The author challenges the assumption that the expansion of child pornography offenses can lead only to a decrease in harm to children and to society. He argues that Canadian child pornography law is incoherent. In some respects, child pornography law makes valuable contributions to the prevention of child sexual abuse by targeting the production, dissemination and use of material ("real" child pornography) that involved harm in production. It also improves the law by criminalizing written and visual material that advocates the commission of sexual crimes against children and youth. In other respects, the law causes harm to society by suppressing …