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Articles 1 - 30 of 56
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Weather, Leather, And The Obligation To Disclose: Kerr V. Danier Leather Inc., Anita Anand, Mary Condon
Weather, Leather, And The Obligation To Disclose: Kerr V. Danier Leather Inc., Anita Anand, Mary Condon
Osgoode Hall Law Journal
Is an issuer legally obliged to update its prospectus if a material event occurs following the receipt for the prospectus but prior to the closing of the offering? This is the crucial issue that is addressed in Kerr v. Danier Leather Inc., a case that has been heard at the trial and appeal levels in Ontario and that will be heard in 2007 by the Supreme Court of Canada. In this commentary, we argue that the Court of Appeal decision in the case overlooked crucial aspects of contemporary securities law and policy in holding that there is no obligation to …
Book Review: Laws Of Fear: Beyond The Precautionary Principle, By Cass R. Sunstein, Bryan Boodhoo
Book Review: Laws Of Fear: Beyond The Precautionary Principle, By Cass R. Sunstein, Bryan Boodhoo
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Middle Power Project Canada And The Founding Of The United Nations, By Adam Chapnick, Valerie Culp
Book Notes: The Middle Power Project Canada And The Founding Of The United Nations, By Adam Chapnick, Valerie Culp
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.
Book Review: War Law Understanding International Law And Armed Conflict, By Michael Byers, Jillian M. Siskind
Book Review: War Law Understanding International Law And Armed Conflict, By Michael Byers, Jillian M. Siskind
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Racing To The Bottom Provinclal Interdependence In The Canadian Federation, By Kathryn Harrison, (Ed), Michelle Chaisson
Book Notes: Racing To The Bottom Provinclal Interdependence In The Canadian Federation, By Kathryn Harrison, (Ed), Michelle Chaisson
Osgoode Hall Law Journal
No abstract provided.
Fragmenting Work And Fragmenting Organizations: The Contract Of Employment And The Scope Of Labour Regulation, Judy Fudge
Osgoode Hall Law Journal
This article diagnoses the conceptual and normative crisis of the scope of labour protection as resulting from the conception of employment as a personal and bilateral contract between an employee and a unitary employer that is characterized by the employee's subordination. It argues that the related fragmentation of organizations and fragmentation of work reveals the extent of the problem with this legal conceptualization of employment. The article offers an approach to reconceptualizing the scope of labour protection that is based on an understanding of personal work arrangements and enterprises as activities. It justifies this approach in terms of the goals …
Book Review: Feminism, Law, Inclusion. Intersectionality In Action, By Gayle Macdonald, Rachel L. Osborne And Charles C. Smith (Eds), Emily Grabham
Book Review: Feminism, Law, Inclusion. Intersectionality In Action, By Gayle Macdonald, Rachel L. Osborne And Charles C. Smith (Eds), Emily Grabham
Osgoode Hall Law Journal
No abstract provided.
Institutional Oversight Of Clinical Trials And The Drug Approval Process, Paul B. Miller
Institutional Oversight Of Clinical Trials And The Drug Approval Process, Paul B. Miller
Osgoode Hall Law Journal
The institutional and federal bodies responsible for regulatory review and oversight of clinical trials in Canada serve distinct yet complementary functions in ensuring that clinical trials provide scientifically rigorous and ethically sound evaluation of new therapeutic products. To date, academics and reformers alike have discussed reform priorities for federal and institutional review in isolation, as if their guiding purposes are distinct. This article identifies the overlapping objectives of federal and institutional review, argues for the importance of coordination of institutional and federal oversight structures, and identifies potential points of coordination.
Book Review: What Roe V. Wade Should Have Said, By Jack M. Balkin (Ed), Erin Nelson
Book Review: What Roe V. Wade Should Have Said, By Jack M. Balkin (Ed), Erin Nelson
Osgoode Hall Law Journal
No abstract provided.
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
Osgoode Hall Law Journal
This article addresses the dilemmas of Muslim women living in Canada as they negotiate between the constitutional and juridical systems of the dominant society, on the one hand, and the Muslim community, on the other. It will examine the ideological assumptions about law and multiculturalism that have worked to depoliticize the stakes of law in Marion Boyd's report, Protecting Choice, Promoting Inclusion. With the Islamic institution of mahr in the background, this article suggests a methodology to evaluate the costs and benefits of abstract legal rules as they are actually used by the parties in the "shadow of the law" …
Book Notes: Eau Canada: The Future Of Canada's Water, By Karen Bakker (Ed), Catherine Guirguis
Book Notes: Eau Canada: The Future Of Canada's Water, By Karen Bakker (Ed), Catherine Guirguis
Osgoode Hall Law Journal
n/a
Freedom Of The City: Canadian Cities And The Quest For Governmental Status, Ron Levi, Mariana Valverde
Freedom Of The City: Canadian Cities And The Quest For Governmental Status, Ron Levi, Mariana Valverde
Osgoode Hall Law Journal
Until recently, Canadian cities were limited to the legal powers explicitly prescribed by provinces (the U.S.-based Dillon's Rule). Despite much talk about a "new deal for cities," recent changes to municipal legislation do little to empower municipalities to define and govern local problems, although courts appear somewhat willing to expand the scope of cities' authority. Through two case studies involving the City of Toronto, we demonstrate that even after the overhaul of provincial municipal acts, cities still lack the necessary legal tools and the legal flexibility to respond to pressing urban needs.
Book Review: Labour Laws And Global Trade, By Bob Hepple, Adelle Blackett
Book Review: Labour Laws And Global Trade, By Bob Hepple, Adelle Blackett
Osgoode Hall Law Journal
No abstract provided.
The South African Judicial Appointments Process, Penelope E. Andrews
The South African Judicial Appointments Process, Penelope E. Andrews
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Last Word. Media Coverage Of The Supreme Court Of Canada, By Florian Sauvageau, David Schneiderman And David Taras, Dean Ardron
Osgoode Hall Law Journal
No abstract provided.
Book Review: Rwanda’S Genocide The Politics Of Global Justice, By Kingsley Chiedu Moghalu, Obiora Chinedu Okafor
Book Review: Rwanda’S Genocide The Politics Of Global Justice, By Kingsley Chiedu Moghalu, Obiora Chinedu Okafor
Osgoode Hall Law Journal
No abstract provided.
Book Review: Law And Risk, By The Law Commission Of Canada (Ed), John Oberdiek
Book Review: Law And Risk, By The Law Commission Of Canada (Ed), John Oberdiek
Osgoode Hall Law Journal
No abstract provided.
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Osgoode Hall Law Journal
It can be argued that the exercise of solo dissent on the Supreme Court of Canada is judicial disagreement at its apex-a single judge sitting on the highest court in the nation breaking away from his or her colleagues who have purportedly "gotten it wrong." By examining the practice of solo dissent in the Supreme Court of Canada over the last three decades, this research note provides insight into this unique form of judicial disagreement. Through construction of a typology of solo dissents, and by providing answers to important questions, such as how often judges render solo dissents and whether …
Appointment Of Justice Marshall Rothstein To The Supreme Court Of Canada, Peter W. Hogg
Appointment Of Justice Marshall Rothstein To The Supreme Court Of Canada, Peter W. Hogg
Osgoode Hall Law Journal
Peter Hogg, a constitutional law scholar, was retained by the Commissioner for Federal Judicial Affairs to provide advice to the Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada as to its procedures. His account of the public hearing provides an insider's viewpoint of the historic process undertaken for the appointment of Justice Rothstein. His opening remarks to the committee, appended to this commentary, set out the parameters of questioning for the hearing, but raise additional questions with regard to the appropriate limits of judicial speech.
The Serendipitous Solution To The Problem Of Supreme Court Appointments, Peter Mccormick
The Serendipitous Solution To The Problem Of Supreme Court Appointments, Peter Mccormick
Osgoode Hall Law Journal
No abstract provided.
Harmonizing Unfair Commercial Practices Law: The Cultural And Social Dimensions, Thomas Wilhelmsson
Harmonizing Unfair Commercial Practices Law: The Cultural And Social Dimensions, Thomas Wilhelmsson
Osgoode Hall Law Journal
This article discusses, in light of the European experience concerning harmonization of unfair commercial practices law, the impact of social, cultural, and linguistic variations on the possibility of harmonizing or transplanting rules on commercial communications to consumers. Empirical research on national variations in consumers' responses to advertising and other marketing is used to create a typology of cases in which cultural factors should be taken into account when assessing a commercial practice from a consumer point of view. Differences between countries with regard to consumers' trust, understandings, rationality patterns, decision-making behaviour, values, and preferences are discussed as relevant cases. The …
Parliamentary Scrutiny Of Supreme Court Nominees: A View From The United Kingdom, Kate Malleson
Parliamentary Scrutiny Of Supreme Court Nominees: A View From The United Kingdom, Kate Malleson
Osgoode Hall Law Journal
No abstract provided.
A New Era In The Selection Of Supreme Court Judges?, Jacob Ziegel
A New Era In The Selection Of Supreme Court Judges?, Jacob Ziegel
Osgoode Hall Law Journal
No abstract provided.
Book Review: The Future Of Labour Law. Liber Amicorum Bob Hepple Q.C., By Catherine Barnard, Simon Deakin And Gillian S. Morris (Eds), David Mangan
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Contribution Of The Rwanda Tribunal To The Development Of International Law, By L. J. Van Den Herik, Nuri Frame
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Catastrophe: Risk And Response, By Richard A. Posner, Jo-Anna Brimmer
Book Notes: Catastrophe: Risk And Response, By Richard A. Posner, Jo-Anna Brimmer
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Interpreting The Bible And The Constitution, By Jaroslav Pelikan, Senwung Luk
Book Notes: Interpreting The Bible And The Constitution, By Jaroslav Pelikan, Senwung Luk
Osgoode Hall Law Journal
No abstract provided.
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Osgoode Hall Law Journal
This article examines the implications of the decision in Chaoulli v. Quebec (A.G.) for Canadian health policy. The author assesses whether governments are likely to strengthen medicare, given past performance and the exit option Chaoulli presents. The article analyzes the consequences of increasing private care and private insurance, concluding this will diminish the publicly funded system. It contrasts Chaoulli -with courts' dismissals of claims for Charter protection of minimal social and economic security, despite the profound effects of the latter on health status. It concludes by noting Chaoulli is one more example of the increasing prevalence of discourse normalizing privatization …
Book Review: Humanitarianism, Identity, And Nation: Migration Laws Of Australia And Canada, By Catherine Dauvergne, Sasha Baglay
Book Review: Humanitarianism, Identity, And Nation: Migration Laws Of Australia And Canada, By Catherine Dauvergne, Sasha Baglay
Osgoode Hall Law Journal
No abstract provided.