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Articles 1 - 10 of 10
Full-Text Articles in Law
Insights From Canada For American Constitutional Federalism, Stephen Ross
Insights From Canada For American Constitutional Federalism, Stephen Ross
Stephen F Ross
The U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), has again focused widespread public attention on the Court as an arbiter of the balance of power between the federal government and the states. The topic of the proper role a nation's highest court in this respect has been important and controversial throughout not only American, but also Canadian history, raising questions of constitutional theory for a federalist republic: What justifies unelected judges interfering with the ordinary political process with regard to federalism questions? Can courts create judicially manageable doctrines to police …
Charter Insights For American Equality Jurisprudence, Stephen Ross
Charter Insights For American Equality Jurisprudence, Stephen Ross
Stephen F Ross
Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …
Managing Technology: Social Science Perspectives, Liora Salter
Managing Technology: Social Science Perspectives, Liora Salter
R. L. Liora Salter
No abstract provided.
The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker
The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker
Eric M. Tucker
This paper looks at the "deep roots" of striking as a social practice in Canada, by providing an analytic framework for approaching the history of the right to strike, and then sketching the contours of that history. Focusing on the three key worker freedoms - to associate, to bargain collectively, and to strike - the authors trace the jural relations between workers, employers and the state through four successive regimes of industrial legality in Canada: master and servant; liberal voluntarism; industrial voluntarism; and industrial pluralism, the latter marked by the adoption of the Wagner Act model. On the basis of …
Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker
Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker
Eric M. Tucker
Street railway strikes in the late nineteenth and early twentieth centuries were often accompanied by high levels of public disorder. The challenge to public authorities, however, was not just in the scale of the disorder but also the disjuncture between the behaviour that a significant portion of the working-class community felt was legitimate in the circumstances and what the law tolerated. Public officials confronted with this dilemma had to negotiate between the disparate zones of community and legal toleration. How much disorder would they tolerate before mobilizing the coercive power of the state to protect the right of the street …
Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing
Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing
Olivia L Blessing
The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of …
Responses To Systemic Risk After The Global Financial Crisis: Canada And New Zealand, Nan Seuffert
Responses To Systemic Risk After The Global Financial Crisis: Canada And New Zealand, Nan Seuffert
Professor Nan Seuffert
This paper considers the responses of two jurisdictions to systemic risk identified as contributing to the global financial crisis (GFC). Canada and New Zealand are studied as two jurisdictions that both weathered the global financial crisis relatively well. Both have recently proposed new national authorities for the regulation and enforcement of securities: the Canadian Securities Regulation Authority and the Financial Markets Authority (New Zealand). Nevertheless, the proposals and the responses for new national authorities reveal that the two countries view the GFC and the appropriate responses quite differently. This paper analyses the appropriateness of the two responses.
Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn
Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn
Sujit Choudhry
Representation by population (rep-by-pop) was one of the principal forces behind the creation of Canada and is a key pillar of democracy. The principle that all votes have equal weight reflects the democratic norm that all citizens should have an equal say in who will be elected, who will raise issues in Parliament and who will have the right to use the legitimate power of the state to make decisions on our behalf. Although some deviations from the norm of voter equality are acceptable, they should be grounded in principles that are widely accepted and viewed as legitimate. Canada’s federal …
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Michael E Lewyn
PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.
The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal
The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal
Sujit Choudhry
Under Canada’s Employment Insurance (EI) program, access to unemployment benefits varies according to the regional unemployment rate. Previous studies have shown that this regime works to the disadvantage of certain provinces and urban areas. In this paper we measure the impact of the variable regional entrance requirements on specific minority workers, including visible minorities, linguistic minorities, recent immigrants, and naturalized citizens. We find that over the period 2000-2010, the regional variation in access to EI results in certain minority workers being required to work modestly more hours to qualify for EI than the average worker. Though the findings with regard …