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Articles 1 - 30 of 55
Full-Text Articles in Entire DC Network
[1981] S. C. R. Statistical Analysis, John H. Kim
[1981] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1982] S. C. R. Statistical Analysis, John H. Kim
[1982] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1984] S. C. R. Statistical Analysis, John H. Kim
[1984] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1987] S. C. R. Statistical Analysis, John H. Kim
[1987] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
An Introduction To The 1981-1990 S.C.R. Statistical Analyses, John H. Kim
An Introduction To The 1981-1990 S.C.R. Statistical Analyses, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1985] S. C. R. Statistical Analysis, John H. Kim
[1985] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1983] S. C. R. Statistical Analysis, John H. Kim
[1983] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1986] S. C. R. Statistical Analysis, John H. Kim
[1986] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1988] S. C. R. Statistical Analysis, John H. Kim
[1988] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
The Supreme Court In The 1980s: A Commentary On The S.C.R. Statistics, Peter H. Russell
The Supreme Court In The 1980s: A Commentary On The S.C.R. Statistics, Peter H. Russell
Osgoode Hall Law Journal
No abstract provided.
[1989] S. C. R. Statistical Analysis, John H. Kim
[1989] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
[1990] S. C. R. Statistical Analysis, John H. Kim
[1990] S. C. R. Statistical Analysis, John H. Kim
Osgoode Hall Law Journal
No abstract provided.
The Charter Of Rights And Public Policy In Canada, Patrick J. Monahan, Marie Finkelstein
The Charter Of Rights And Public Policy In Canada, Patrick J. Monahan, Marie Finkelstein
Osgoode Hall Law Journal
Much of the literature on the Charter has focused on the manner in which the courts have interpreted the document. This essay examines the Charter from another perspective-its impact on the policy process within government. Drawing on a series of papers prepared by senior government officials at both the federal and provincial levels, the authors argue that the Charter has permanently changed the way in which governments formulate and implement public policy in Canada. Virtually all policy proposals making their way to the Cabinet table must be examined to ensure that they conform to the requirements of the Charter. This …
The Charter Revolution And The Court Party, F. L. Morton
The Charter Revolution And The Court Party, F. L. Morton
Osgoode Hall Law Journal
No abstract provided.
Juges Et Administrateurs Publics Face À La Charte: La Voie Difficile De La Coopération, Par Louis Borgeat
Juges Et Administrateurs Publics Face À La Charte: La Voie Difficile De La Coopération, Par Louis Borgeat
Osgoode Hall Law Journal
No abstract provided.
Impact Of The Charter On The Public Policy Process: A Symposium, Anonymous
Impact Of The Charter On The Public Policy Process: A Symposium, Anonymous
Osgoode Hall Law Journal
No abstract provided.
Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan
Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan
Osgoode Hall Law Journal
The authors analyze the interconnections between space, law, and power and forge links between critical studies in law and geography. Analytical categories of space-for example, the divide between public and private space, or the concept of national citizenship-are all politically constructed. The authors analyze Canadian and American concepts of federalism and their impact on regulating worker safety. A common judicial mapping of work, local space, and state regulation determines whether local officials have enforcement authority in contexts where national worker safety regulations apply. Through this analysis, the authors illustrate the potential for future studies in critical legal geography.
The Charter: A Political Science Perspective, Alan C. Cairns
The Charter: A Political Science Perspective, Alan C. Cairns
Osgoode Hall Law Journal
No abstract provided.
Charter Litigation And The Policy Processes Of Government: A Public Interest Perspective, Elizabeth J. Shilton
Charter Litigation And The Policy Processes Of Government: A Public Interest Perspective, Elizabeth J. Shilton
Osgoode Hall Law Journal
No abstract provided.
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Osgoode Hall Law Journal
The sanction for occupational health and safety offences in Ontario is a regulatory prosecution in provincial criminal court. In contrast, regulatory officials assess administrative penalties in British Columbia and the United States. A larger proportion of offenders are punished under these administrative processes than in the Ontario criminal justice system, and the average administrative penalty generally is higher than the average criminal fine. In addition, a system of administrative penalties is better able to identify employers who warrant punishment because regulators apply the civil standard of proof, attach great weight to a firm's compliance history, and do not reserve penalties …
Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore
Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore
Osgoode Hall Law Journal
Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.
The Impact Of The Charter Of Rights And Freedoms On Policy Development In The Northwest Territories, Bernard W. Funston
The Impact Of The Charter Of Rights And Freedoms On Policy Development In The Northwest Territories, Bernard W. Funston
Osgoode Hall Law Journal
No abstract provided.
The Impact Of The Charter On The Public Policy Process And The Department Of Justice, Mary Dawson
The Impact Of The Charter On The Public Policy Process And The Department Of Justice, Mary Dawson
Osgoode Hall Law Journal
No abstract provided.
Judicial Choice And Disparities Between Measures Of Economic Values, David Cohen, Jack L. Knetsch
Judicial Choice And Disparities Between Measures Of Economic Values, David Cohen, Jack L. Knetsch
Osgoode Hall Law Journal
An important idea, which characterizes law in society, is a reluctance to move from the status quo. In general, one can argue that legal institutions and legal doctrine are not engaged in the redistribution of wealth from one party to another. This paper explores a possible explanation for that principle. The authors' research suggests that, across a wide range of entitlements and in a variety of contexts, individuals value losses more than foregone gains. The paper argues, as a matter of efficiency, that law and social policy might have developed in a manner consistent with this valuation disparity. Furthermore, this …
Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott
Fiduciary Obligation Under Intellectual Siege: Contemporary Challenges To The Duty To Be Loyal, Deborah A. Demott
Osgoode Hall Law Journal
This essay argues that fiduciary obligation is a distinctive type of obligation. Its central rationale, nurturing and enforcing commitments to act loyally toward the interests of others, furnishes limits on the reach of fiduciary obligations. Attempts to characterize fiduciary obligation as solely a type of contractual obligation or as a concept best rationalized by the law of torts are unpersuasive, as are attempts to capture fiduciary obligation within definitions of altruistic behaviour. The author elaborates these arguments using examples drawn from partnership and corporate law.
Feminist Jurisprudence In A Conventional Context: Is There Room For Feminism In Dworkin's Theory Of Interpretive Concepts?, Lynne Hanson
Feminist Jurisprudence In A Conventional Context: Is There Room For Feminism In Dworkin's Theory Of Interpretive Concepts?, Lynne Hanson
Osgoode Hall Law Journal
This paper examines Dworkin's interpretive theory of law from a feminist perspective, and asks whether his attempts to accommodate competing political opinions within an interpretive community can successfully encompass feminist concerns as well. It is argued that Dworkin repeatedly underestimates the extent of disagreement regarding the practice of law as a whole, while his requirements of fit, coherence and integrity impose a political agenda on the interpreter. As a consequence, Dworkin's theory is ultimately unable to adequately respond to a feminist critique of law, so that feminist jurisprudence must be seen as falling outside the scope of his interpretive community.
The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick
The Ontario Court Of Appeal And Speedy Justice, Carl Baar, Ian Greene, Martin Thomas, Peter Mccormick
Osgoode Hall Law Journal
The authors use a data sample collected from the Ontario Court of Appeal minute books between 1983 and 1987 to analyze how appeals move through the province's highest court. Criminal and, chiefly, sentence appeals dominate the Court's agenda. Hearing times-the duration of argument and rendering of judgment-are shorter than commonly believed, most often lasting less than twenty minutes. Elapsed times-the period between end of trial and beginning of hearing-are, on average, 77 per cent longer for civil than criminal appeals, 52 per cent longer for defendant than crown appeals, and 23 per cent longer for fall than spring appeals. Elapsed …
Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer
Apostolat Juridique: Teaching Everyday Law In The Life Of Marie Lacoste Gérin-Lajoie (1867-1945), Nicholas Kasirer
Osgoode Hall Law Journal
Based on a reading of archival material stored in a convent in east-end Montreal, the author describes the career of Marie Lacoste Gérin-Lajoie, a self-trained jurist who taught and wrote about law for women in convent schools, teachers' colleges, study circles, temperance union meetings and the like over a forty-year period in Quebec at the beginning of this century. Her career as a law teacher is presented as a sign of a less visible facet of the history of legal education in Quebec-beyond the formal institutions of law teaching-that was closely tied to the home and the private world of …
Child Welfare Law, "Best Interests Of The Child" Ideology, And First Nations, Marlee Kline
Child Welfare Law, "Best Interests Of The Child" Ideology, And First Nations, Marlee Kline
Osgoode Hall Law Journal
Liberalism has structured legal discourse such that racism is most often unintended and rarely explicit. To understand how and why law has an oppressive and discriminatory impact on First Nations and other racialized groups in Canadian society, one must look at some of its more subtle processes and, in particular, its ideological form. The goal of this article is to provide insight into the origins and operation of "best interests of the child" ideology and to illustrate how it structures and constrains judicial decision making in the context of First Nations child welfare. Best interests ideology serves to portray the …
A Genealogy Of Law: Inherent Sovereignty And First Nations Self-Government, John J. Borrows
A Genealogy Of Law: Inherent Sovereignty And First Nations Self-Government, John J. Borrows
Osgoode Hall Law Journal
First Nations self-government in Canada has often been regarded as extinguished or delegated from the British Crown or the Canadian federal government. First Nations self-government among the Chippewas of the Nawash Band in southern Ontario has not been extinguished or delegated, but continues to exist as an inherent exercise of community sovereignty. The idea of existing Aboriginal self-government in modern-day Ontario contrasts with many prevailing notions about Native society in Canada today. The inherent and unextinguished nature of self-government among the Nawash Band is demonstrated by examining the events of the author's ancestors and community in their interactions with foreign …