Law Commons^™

Indigenous Reintegrative Shaming: A Comparison Of Indigenous Legal Traditions Of Canada And Braithwaite's Theory Of Reintegrative Shaming, Emily Sinclair

Bridges: An Undergraduate Journal of Contemporary Connections

Upon the arrival of European settlers in Canada, Indigenous legal traditions have continuously been undermined as customary law with an insignificant role in crime prevention and sanctioning. This paper will argue that Indigenous legal traditions deserve a larger role in Indigenous self-governance as their customs demonstrate aspects of crucial crime prevention theories such as Braithwaite’s theory of reintegrative shaming. The interconnection between reintegrative shaming and Indigenous legal traditions pre-contact and post-contact demonstrate concepts of community socialization, informal sanctions and restorative practices that foster the wellbeing of the community, victims and offenders. As such, Braithwaite’s theory demonstrates the importance of each …

Determining Whether Female Circumcision Is A Human Rights Violation, Mahdiyyah Kasmani

Bridges: An Undergraduate Journal of Contemporary Connections

Female circumcision is a traditional practice commonly associated with culture, religion, or a mix of both. The aim of this paper is to evaluate the controversy surrounding female circumcision and determine whether this practice is justified or a violation of human rights. There are two main critiques of female circumcision as posed by the international community. The first critique is the health risks associated with the procedure and the second risk is the lack of consent within practicing communities. Due to these reasons, female circumcision is not only outlawed in most African countries with its disbandment supported by the African …

When Environmental Obligations Collide With State Sovereignty: An International And Sharia Law Perspective, Seyed Masoud Noori, Soheila Ebrahimi Louyeh

Consensus

This article critically reviews the notion of State sovereignty under international law and argues that to achieve eco-justice as well as sustainable development goals, a restrictive and ecological approach needs to be taken toward the principle of states’ permanent sovereignty over natural resources. Environmental sustainability requires states’ environmental obligations to be identified as erga omnes so they can be addressed toward the international community as a whole and fall within the scope of article 48 of the ILC Articles on States Responsibility. Interestingly, in complete alignment with this progressive interpretation, sustainable utilization of natural resources has a longstanding foundation in …

Lawgleaning, Natalie Joelle

The Goose

Poetry by Natalie Joelle

Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum

The Goose

Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.

Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl

Bridges: An Undergraduate Journal of Contemporary Connections

This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm can …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …

Hopeful Losers? A Moral Case For Mixed Electoral Systems, Loren King

Political Science Faculty Publications

Liberal democracies encourage citizen participation and protect our freedoms, yet these regimes elect politicians and decide important issues with electoral and legislative systems that are less inclusive than other arrangements. Some citizens inevitably have more influence than others. Is this a problem? Yes, because similarly just but more inclusive systems are possible. Political theorists and philosophers should be arguing for particular institutional forms, with particular geographies, consistent with justice.

Les démocraties libérales encouragent la participation citoyenne et protègent nos libertés. Pourtant, ces régimes élisent des politiciens et décident de problèmes importants via les systèmes électoral et législatif, qui sont moins …

From 'Forced Fingers', Dan Eltringham

The Goose

Poetry by Dan Eltringham

For The Union Makes Us Strong: The İstanbul Metal Workers And Their Struggle For Unionization In Turkey, 1947-1970, Özgür Balkılıç

Theses and Dissertations (Comprehensive)

ABSTRACT

This study is an examination of the history of organized metal labor in İstanbul, Turkey after the Second World War. It analyzes and displays the complex and intermingled historical processes within which laborers in the private metal sector of İstanbul experienced workplace relations and actively responded to them. In this regard, although recent immigrants to Istanbul were exposed to unfamiliar conditions and labor relations, they attempted to shape those new relations through several means, in particular through the establishment of trade unions. In an effort to provide a comprehensive picture of class formation in the metal sector after the …

School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis

Theses and Dissertations (Comprehensive)

Trans youth are some of the most marginalized youths in schools. In 2012, the Ontario Government passed two legislations, one of which was the Accepting Schools Act, strengthening supports for lesbian, gay, bisexual, transgender, or questioning (LGBTQ) students in schools. The other was Toby’s Act, an amendment to the Ontario Human Rights Code including protection from discrimination on the grounds of gender identity and gender expression. The purpose of this thesis is to examine how these two acts have created a political context supporting trans youth in schools. A comprehensive mixed-methods approach was used to examine provincial trends of trans-specific …