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Articles 1 - 19 of 19
Full-Text Articles in Law
Feminism, Law, And Public Policy: Family Feuds And Taxing Times, Susan B. Boyd, Claire F. L. Young
Feminism, Law, And Public Policy: Family Feuds And Taxing Times, Susan B. Boyd, Claire F. L. Young
Osgoode Hall Law Journal
This article offers a retrospective analysis of feminist research on tax and family law and developments in these fields since the early 1980s. We identify the sometimes contradictory trends-both in legislation and in case law-that raise questions about the influence that feminist research has had on these areas of law. We then flag some ongoing challenges confronting feminists engaged in law reform efforts. Some common themes will emerge, but notable differences are also evident in the ways that feminist thought has played out in tax and family law.
The Explosive Global Growth Of Personal Insolvency And The Concomitant Birth Of The Study Of Comparative Consumer Bankruptcy: Consumer Bankruptcy In Global Perspective, By Johanna Niemi-Kiesilainen, Lain Ramsay & William C. Whitford (Eds.); Comparative Consumer Insolvency Regimes: A Canadian Perspective, By Jacob S. Ziegel, Kent Anderson
Osgoode Hall Law Journal
No abstract provided.
Honest Beliefs, Credible Lies, And Culpable Awareness: Rhetoric, Inequality, And Mens Rea In Sexual Assault, Lucinda Vandervort
Honest Beliefs, Credible Lies, And Culpable Awareness: Rhetoric, Inequality, And Mens Rea In Sexual Assault, Lucinda Vandervort
Osgoode Hall Law Journal
The exculpatory rhetorical power of the term "honest belief" continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a "belief' in consent was or was not reckless or wilfully blind. An accused's "honest belief" routinely begs this question, leading to a truncated analysis of criminal responsibility and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in …
Feminism, Consequences, Accountability, Sonia Lawrence
Feminism, Consequences, Accountability, Sonia Lawrence
Osgoode Hall Law Journal
No abstract provided.
Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps
Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps
Osgoode Hall Law Journal
No abstract provided.
Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman
Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman
Osgoode Hall Law Journal
No abstract provided.
The Complex Context Of Contract Law, Alberto Salazar Valle
The Complex Context Of Contract Law, Alberto Salazar Valle
Osgoode Hall Law Journal
No abstract provided.
The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito
The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito
Osgoode Hall Law Journal
The regime governing class actions in the Federal Court of Australia is unique, by international standards, as it does not require the formal authorisation of the Court before a proceeding may be brought and conducted as a class action. A class action may be commenced in the Federal Court as long as certain prerequisites are satisfied. Another unique aspect of this regime is that wide powers have been conferred upon the Court to terminate, as class actions, proceedings that have complied with the requirements for commencing a class action. It is the aim of this article to explore the conceptual …
Boldly Going Where No Law Has Gone Before: Call Centres, Intake Scripts, Database Fields, And Discretionary Justice In Social Assistance, Lorne Sossin
Osgoode Hall Law Journal
This article focuses on the response of public law to bureaucratic disentitlement. Whether eligibility decisions for social welfare benefits are made on the basis of a face to face interview or telephone intake screening at a call centre, whether the questions are onerous for vulnerable applicants to answer, whether the bureaucratic hurdles can reasonably be surmounted or lead to the de facto exclusion of otherwise eligible applicants, all constitute questions which should be fundamentally intertwined with the question of whether a discretionary decision is legally valid. This is so not only because service delivery models and administrative design may determine …
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Osgoode Hall Law Journal
This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …
The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary
The Constitutionalization Of Quebec Libel Law, 1848-2004, Joseph Kary
Osgoode Hall Law Journal
In 1848, a Quebec judge changed the law of defamation to accord with the newly-applicable constitutional right to freedom of speech. His decision and those that followed seem strange now that the Supreme Court of Canada has held that Charter rights do not apply to private law. These decisions show that the constitutionalization of libel law was not an American innovation, but rather one that emerged in Canada over a century earlier. This article analyzes the Quebec cases in detail, and suggests that they were grounded in liberal ideas about the British Constitution that were prevalent in Lower Canada at …
The Vulnerability Of Indigenous Land Rights In Australia And Canada, Kent Mcneil
The Vulnerability Of Indigenous Land Rights In Australia And Canada, Kent Mcneil
Osgoode Hall Law Journal
Not until the 1990s did the highest courts in Australia and Canada begin to address the colonial reality of the dispossession of the Indigenous peoples. In Australia, the High Court has held that the taking of Indigenous lands and creation of third party rights by the Crown resulted in extinguishment of Native title. In Canada, while not dealing directly with the issue of extinguishment, the Supreme Court has authorized infringement of Aboriginal land rights for a variety of purposes, including the creation of third party rights. This article examines the legal justifications for these conclusions and finds that they are …
Power Point In Legal Education: Pedagogical Paradox-An Exploratory Study, Daved M. Muttart
Power Point In Legal Education: Pedagogical Paradox-An Exploratory Study, Daved M. Muttart
Osgoode Hall Law Journal
No abstract provided.
Carl Schmitt's Nomos Of The Earth, Mark Antaki
Carl Schmitt's Nomos Of The Earth, Mark Antaki
Osgoode Hall Law Journal
No abstract provided.
Casablanca: Judgment And Dynamic Enclaves In Law And Cinema, Shulamit Almog, Amnon Reichman
Casablanca: Judgment And Dynamic Enclaves In Law And Cinema, Shulamit Almog, Amnon Reichman
Osgoode Hall Law Journal
By interpreting the narrative and imagery of the film Casablanca, this article seeks to explore the concept of law as enclave. An enclave is a domain-physical, virtual-emotional, conceptual, social or other-defined by certain boundaries and rules of entrance and exit. We argue that Casablanca is about constructing and reconstructing such enclaves. The structure of a pending journey between enclaves organizes the events taking place in Casablanca and constitutes their dynamic nature. Enclaves, we argue, are central to the structure and operation of the law. Recognizing the enclitic nature of law allows us a better grasp of the ethical dimensions of …
Remedial Power Of Administrative Tribunals, Peter W. Hogg
Remedial Power Of Administrative Tribunals, Peter W. Hogg
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper examines the power of administrative tribunals to grant remedies for breaches of the Charter of Rights. That power is now extensive. Under the supremacy clause of section 52 of the Constitution Act, 1982, an administrative tribunal that has the power (express or implied) to decide questions of law can also decide on the constitutionality of laws, including even the constitutionality of provisions of its own enabling statute. Under the remedial clause of section 24 of the Constitution Act, 1982, an administrative tribunal that is deemed to be a “court of competent jurisdiction” (and most tribunals are) can award …
Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick
Blocs, Swarms, And Outliers: Conceptualizing Disagreement On The Modern Supreme Court Of Canada, Peter Mccormick
Osgoode Hall Law Journal
Almost half of the Supreme Court of Canada's decisions are not unanimous, but not all disagreement is of a kind. It makes a difference whether the panel's unanimity is broken by a single dissident, by several judges signing a single set of reasons, or by several judges each writing separately. This article examines the notion of disagreement, suggests a conceptual framework in which the various disagreement formats can be located, applies that framework to the Court's performance over the past thirty years, and concludes with some speculation as to why the Supreme Court of Canada and the United States Supreme …
Oceans Apart Over Sunken Ships: Is The Underwater Cultural Heritage Convention Really Wrecking Admiralty Law?, Liza J. Bowman
Oceans Apart Over Sunken Ships: Is The Underwater Cultural Heritage Convention Really Wrecking Admiralty Law?, Liza J. Bowman
Osgoode Hall Law Journal
This article examines the impact of the UNESCO Convention on the Protection of the Underwater Cultural Heritage on admiralty law, particularly the law of treasure salvage as applied to shipwrecks in international waters. Despite its many proponents, the Convention has numerous detractors who believe that if it enters into force, it will nullify treasure salvage, a prosperous industry in many areas of the world. Although much tension exists between salvage and the preservation of the underwater cultural heritage as proposed by the Convention, the author concludes that the two are not completely incompatible with one another. Rather, salvors and cultural …
Tax Treatment Of Charitable Contributions In Canada: Theory, Practice, And Reform, David G. Duff
Tax Treatment Of Charitable Contributions In Canada: Theory, Practice, And Reform, David G. Duff
Osgoode Hall Law Journal
Tax recognition for charitable contributions in Canada takes the form of a deduction where the contribution is made by a corporation or for the purpose of gaining or producing income from a business, a nonrefundable credit where individuals make qualifying gifts to eligible recipients, and a reduction or exemption from capital gains tax on gifts to eligible recipients of qualifying cultural property, publicly traded securities, or ecologically sensitive land. This article reviews different rationales for the tax recognition of charitable contributions, concluding that the most persuasive rationale is to indirectly subsidize the quasi-public goods and services that charities provide and …