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Articles 91 - 107 of 107
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Book Review: Policing And Punishment In London, 1660-1750: Urban Crime And The Limits Of Terror, By John M. Beattie, Jim Phillips
Book Review: Policing And Punishment In London, 1660-1750: Urban Crime And The Limits Of Terror, By John M. Beattie, Jim Phillips
Osgoode Hall Law Journal
No abstract provided.
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Osgoode Hall Law Journal
Recent decisions of the Supreme Court of Canada raise complicated questions about the relationship between the common law and the Constitution. In particular, a distinction may now be drawn between constitutional common law concepts that are "incorporated" by the Constitution and those that are "free-standing" or "text-emergent." The author explores the significance of these distinctions by examining the argument, accepted in the recent case of EGALE V. Canada, that the reference to marriage in section 91(26) of the Constitution serves to incorporate the common law definition of marriage into the Constitution, thus preventing federal or provincial legislation from legalizing same-sex …
Hard Choices And Soft Law: Ethical Codes, Policy Guidelines And The Role Of The Courts In Regulating Government, Lorne Sossin, Charles Smith
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 …
The Van Ert Methodology Of Domestic Reception, Jamie Cameron
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.
The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker
The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker
Articles & Book Chapters
The Supreme Court of Canada's decision in The Canmar Fortune endorses the "strong cause test" for determining when to give effect to exclusive jurisdiction agreements.
Green Revolution Or Greenwash? Voluntary Environmental Standards, Public Law And Private Authority In Canada, Stepan Wood
Green Revolution Or Greenwash? Voluntary Environmental Standards, Public Law And Private Authority In Canada, Stepan Wood
Articles & Book Chapters
No abstract provided.
A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos
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, International Human Rights, And Civil Procedure, Trevor C. W. Farrow
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.
Thinking About Dispute Resolution, Trevor C. W. Farrow
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.
Reconciliation And The Supreme Court: The Opposing Views Of Chief Justices Lamer And Mclachlin, Kent Mcneil
Reconciliation And The Supreme Court: The Opposing Views Of Chief Justices Lamer And Mclachlin, Kent Mcneil
Articles & Book Chapters
The Supreme Court of Canada has said that Aboriginal rights were recognized and affirmed in the Canadian Constitution in 1982 in order to reconcile Aboriginal peoples’ prior occupation of Canada with the Crown’s assertion of sovereignty. However, sharp divisions appeared in the Court in the 1990s over how this reconciliation is to be achieved. Chief Justice Lamer, for the majority, understood reconciliation to involve the balancing of Aboriginal rights with the interests of other Canadians. In some situations, he thought this could justify the infringement of Aboriginal rights to achieve, for example, economic and regional fairness. Justice McLachlin, on the …
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.
Beyond Rhetoric: State Sovereignty, Common Concern, And The Inapplicability Of The Common Heritage Concept To Plant Genetic Resources, Ikechi Mgbeoji
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 …
Diffusing Environmental Regulation Through The Financial Services Sector: Reforms In The Eu And Other Jurisdictions, Benjamin J. Richardson
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 …
Consumer Liability In Unauthorized Electronic Funds Transfers, Benjamin Geva
Consumer Liability In Unauthorized Electronic Funds Transfers, Benjamin Geva
Articles & Book Chapters
No abstract provided.
Creating Disincentives To Negotiate: Mitchell V. M.N.R.'S Potential Effect On Dispute Resolution, Shin Imai
Creating Disincentives To Negotiate: Mitchell V. M.N.R.'S Potential Effect On Dispute Resolution, Shin Imai
Articles & Book Chapters
The Supreme Court of Canada has often encouraged the Crown and Aboriginal parties to find negotiated solutions to their disputes. The complex social, political, economic and legal interests which are embedded in many sectors of the Canadian population are not best resolved in the context of legal proceedings. Courts should, however, do more than lament the lack of negotiations - they should make decisions that create incentives for high quality, effective dispute resolution processes. This article describes the framework for negotiation set out in R. v. Sparrow (on Aboriginal rights to fish), Delgamuukw v. British Columbia (on Aboriginal title to …
Conversations About Families In Canadian Courts And Legislatures: Are There "Lessons" For The United States?, Mary Jane Mossman
Conversations About Families In Canadian Courts And Legislatures: Are There "Lessons" For The United States?, Mary Jane Mossman
Articles & Book Chapters
No abstract provided.
Financial Collapse And Class Status: Who Goes Bankrupt?, Elizabeth Warren
Financial Collapse And Class Status: Who Goes Bankrupt?, Elizabeth Warren
Osgoode Hall Law Journal
Every policy prescription, economic analysis, or news report about consumer bankruptcy rests on one or another unspoken image of the estimated 1.5 million families that will file in a single year. Data from the 2001 Consumer Bankruptcy Project permit a systematic analysis of the composition of those who file for personal bankruptcy, focusing on their education, occupation, and home ownership status. These attributes serve as a proxy for class identification. Based on these indicia, more than 90 per cent of the families in bankruptcy qualify as middle class. These data are a powerful reminder that whatever else might be said …