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Articles 1 - 11 of 11
Full-Text Articles in Law
Millennials In Crisis: Myth-Busting Millennial Debt Narratives, Stephanie Ben-Ishai, Tanner Stanley
Millennials In Crisis: Myth-Busting Millennial Debt Narratives, Stephanie Ben-Ishai, Tanner Stanley
Osgoode Hall Law Journal
Intense pop-cultural commentary on millennial finances and indebtedness perpetuates two conflicting narratives. One suggests that millennials are doomed and face higher debt levels than earlier generations, compounded by rising tuition costs, a lack of affordable housing, high costs of living, and an increasingly competitive job market. The contrary “millennial bootstrapping” narrative denies that millennials are more financially challenged than previous generations and argues that millennials need to pull themselves up their proverbial bootstraps and improve their work ethic to secure financial success. This article fact-checks these two narratives and fills a significant gap in the Canadian academic literature on the …
The Cost Of Uncertainty: Navigating The Boundary Between Legal Information And Legal Services In The Access To Justice Sector, Jennifer Bond, David Wiseman, Emily Bates
The Cost Of Uncertainty: Navigating The Boundary Between Legal Information And Legal Services In The Access To Justice Sector, Jennifer Bond, David Wiseman, Emily Bates
Journal of Law and Social Policy
The self-regulatory bodies that oversee legal professionals in Canada maintain strict control on the delivery of legal services, and access to justice projects must therefore always be conscious of activities that would violate certain restrictions. Careful adherence to these parameters is made difficult, however, by the lack of clarity about where the relevant boundaries are drawn. Using a project that provides legal assistance for refugees as a case study, this article highlights the challenges that the unclear distinction between “legal information” and “legal services” creates for access to justice initiatives. We conclude that the uncertainty can carry a variety of …
Book Review: Vicarious Kinks: S/M In The Socio-Legal Imaginary, By Ummni Khan, Kyle Kirkup
Book Review: Vicarious Kinks: S/M In The Socio-Legal Imaginary, By Ummni Khan, Kyle Kirkup
Osgoode Hall Law Journal
Book review of Vicarious Kinks: S/M In The Socio-Legal Imaginary, by Ummni Khan.
Corruption In Developing Countries: What Keeping It In The Family Means For Everyone Else, Tonita Murray
Corruption In Developing Countries: What Keeping It In The Family Means For Everyone Else, Tonita Murray
Osgoode Hall Law Journal
The United Nations estimates that 30 per cent of all international development funding is lost to corruption. Identifying and understanding the dynamics of how such corruption occurs at the ground level could help to reduce opportunities for the diversion of funds from public purposes to private uses. An analysis of two highly publicized corruption cases in Kenya and one in Afghanistan identifies some common characteristics that may also be present in other cases around the world. The characteristics fall into four categories: (1) political, social, and cultural; (2) governance; (3) people; and (4) international. Different understandings of corruption, weak government …
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Osgoode Hall Law Journal
Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …
Law Reform For Dummies (3rd Edition), Roderick A. Macdonald
Law Reform For Dummies (3rd Edition), Roderick A. Macdonald
Osgoode Hall Law Journal
Legal pluralist law reform engages citizens in dialogue through which they gain richer insight into their normative lives and learn to manage everyday interactions with each other. Noting that first- and second-generation law reform commissions have been critiqued for their narrow vision and goal of modifying individual legal rules, this article shifts the focus to the general public as a key player in the enterprise. This is how law reform responds to public concerns and engages the public’s assumptions about the reform process. The true ambition of law reform is to find opportunities for Canadians to examine their assumptions about …
Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu
Is Nigeria A Secular State? Law, Human Rights And Religion In Context, Osita Nnamani Ogbu
The Transnational Human Rights Review
Nigeria is a multi-ethnic and multi-religious state. The two major religions in the country are Islam and Christianity. Adherents of these two major religions take divergent positions on the question of the secularity of the Nigerian state. While most Christians argue for separation of the Nigerian state from religion, most Muslims advocate the fusion of religion, the state and the law. To many of them, the Sharia ought to govern the totality of the life of a Muslim from cradle to grave. For instance, the Governor of the Central Bank of Nigeria, Alhaji Sanusi Lamido Sanusi, maintained that any call …
Imperial Agendas, Global Solidarities, And Third World Socio-Legal Studies: Methodological Reflections, Radha D'Souza
Imperial Agendas, Global Solidarities, And Third World Socio-Legal Studies: Methodological Reflections, Radha D'Souza
Osgoode Hall Law Journal
This article interrogates the methodological lenses through which law in the Third World is commonly analyzed in socio-legal studies. Third World socio-legal studies, this article argues, is a field in search of philosophical foundations. It continues to rely on conceptual categories and analytical frameworks developed through the intellectual, cultural, and social histories of Western capitalist societies, which it extends uncritically to different intersubjective orders in Third World contexts. The article examines the common grounds shared by two apparently competing discourses about law in the Third World, which I label imperial agendas and global solidarities. It is difficult to speak about …
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
Osgoode Hall Law Journal
This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Osgoode Hall Law Journal
Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the "new economy," which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or "technocentrism," has enabled corporatism to evade …
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin
Osgoode Hall Law Journal
Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.