Law Commons^™

How Civil Procedure Fails (And Why Administrative Justice Is Better), Allan C. Hutchinson

Articles & Book Chapters

The demand for more and better procedural fairness is a rallying-cry that receives almost universal support. All participants in the legal process – litigants, judges, legislators and lawyers – maintain that the justice of any outcome can be both affected by the quality of the procedures relied upon and offset by the failure to provide access to appropriate and balanced procedural opportunities. Indeed, unless losing litigants or applicants think that they are getting a fair shake when it comes to the procedures used, there will be even greater dissatisfaction with losing than otherwise might be the case. However, while good …

The Scc's Dilemma: What To Do With Interveners?, Richard Haigh

Articles & Book Chapters

At a conference in 2016, Osgoode Hall Law School Dean Lorne Sossin made the following offhand comment: “I think it is possible to tell the most important Supreme Court of Canada cases by the number of interveners that were involved.” I assume what he meant--and granted, it was somewhat tongue in cheek--that the more interveners there are in a case, the more important the case.

The comment intrigued me. Is it true? It is such a simple proposition. Intuitively, it seems right: more parties would wish to involve themselves in those cases that have larger impacts, or that represent more …

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.

The Utility Of The Ali/Unidroit Project On Principles And Rules Of Transnational Civil Procedure, Janet Walker

Articles & Book Chapters

This article considers the important role that could be played by transnational rules of civil procedure in facilitating transnational litigation and in reducing the incidence of forum shopping.