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Articles 1 - 30 of 118
Full-Text Articles in Law
Regulating The Corporation From Within And Without: Corporate Governance And Workers’ Interests, Vanisha Hemwatie Sukdeo
Regulating The Corporation From Within And Without: Corporate Governance And Workers’ Interests, Vanisha Hemwatie Sukdeo
PhD Dissertations
This dissertation critically explores how the increased legal regulation and governance of corporations can be used to help improve the interests of workers in global supply chains. Chapter one outlines the introduction and provides background information. Chapter two is the literature review. Chapter three examines the expansion of fiduciary duties and changes to corporate governance, including Benefit Corporations, and how expanded fiduciary duties can be used to increase the interests1 of workers. Chapter four contains a case study of the Rana Plaza disaster to demonstrate how governance models can be used to help increase working conditions in Bangladesh and other …
The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford
The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford
PhD Dissertations
This dissertation attends to pressing questions of strategy and tactics in relation to Indigenous law revitalization in the context of the climate crisis. Grounded in my own W̱SÁNEĆ legal order, I provide an accounting of the context in which the resurgence of W̱SÁNEĆ law is occurring, and clarity regarding what we hope to accomplish with the revitalization of W̱SÁNEĆ (and more broadly, Indigenous) law, both locally and in response to global climate crisis. Doing so prompts questioning of the very foundations of Canadian constitutionalism, and indeed, our most basic ideologies and conceptualizations of our place and relationships within the world. …
A Critical Approach To The Regulation Of A Public Corporation's Purchase Of Its Own Shares On The Open Market: Lessons From The Transatlantic Comparison, Alper Cohaz
PhD Dissertations
Open market repurchases (OMRs)—by far the most common form of share repurchases—have reached record levels following the dramatic increase in number since the adoption of the safe harbor rule in the US. This dramatic increase has been largely attributed to purported benefits of OMRs that matter especially within the Anglo-American economic and corporate model. However, these benefits fail to fully explain such increase. This failure suggests that illegitimate purposes, which could easily be concealed beneath purported benefits, might have also contributed to the increase in the number of OMRs and resulted in their excessive use. This suggestion is supported by …
Safety Valves: A Band-Aid Solution To The Ills Of Mandatory Minimums?, Venus Sayed
Safety Valves: A Band-Aid Solution To The Ills Of Mandatory Minimums?, Venus Sayed
LLM Theses
This work examines the Supreme Court of Canada’s statutory safety valve proposal in the case of R. v. Lloyd as a solution to the problems presented by mandatory minimum sentences. The thesis develops a safety valve matrix which allows various valves to be plotted along broad-narrow and high-low discretion matrices. Following a review of the development of exemptions in Canadian jurisprudence, the paper then takes a comparative approach of analysis to look at three similarly placed jurisdictions – Australia, the United States and the United Kingdom. By examining the statutory safety valves in use in these jurisdictions, this work concludes …
Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro
Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro
LLM Theses
This thesis explores how digital feminist activism sparked, using as a case study #YoTeCreo movement in Venezuela. Using the FemMesh to connect feminists knowledges, nodes and entanglements together with a transnationalized intersectionality, I discuss how this digital activism occurred locally. As this topic is novel and this thesis is exploratory, I combine the theoretical framework mentioned before together with feminist qualitative methodology by interviewing the leaders of #YoTeCreo and answer my research question. I concluded that the spark of #YoTeCreo in Venezuela is a combination of different factors and it is not a transplantation of the #MeToo movement from North …
Law And Indigenous Religion: Theorizing A Complex Relationship, Kristen Elizabeth Lewis
Law And Indigenous Religion: Theorizing A Complex Relationship, Kristen Elizabeth Lewis
LLM Theses
This thesis asks what preconditions are necessary to think the relation between law and Indigenous religion without marginalizing perspectives, such as those germane to Indigenous religion, that fall outside law’s frame (often figured, erroneously, as ‘objective’ and ‘neutral’). The research grounds itself in the only Supreme Court of Canada case that, to date, has involved Indigenous religious freedoms and s. 2(a) of the Canadian Charter of Rights and Freedoms (Ktunaxa Nation v British Columbia 2017 SCC) and in the very few lower court decisions that have followed in its not-unproblematic wake. Inspired by several currents of both Indigenous thought and …
Algorithmic Management And Collective Bargaining, Valerio De Stefano, Simon Taes
Algorithmic Management And Collective Bargaining, Valerio De Stefano, Simon Taes
Articles & Book Chapters
This article addresses the challenges raised by the introduction of algorithmic management and artificial intelligence in the world of work, focusing on the risks that new managerial technologies present for fundamental rights and principles, such as non-discrimination, freedom of association and the right to privacy. The article argues that collective bargaining is the most suitable regulatory instrument for responding to these challenges, and that current EU legislative initiatives do not adequately recognise the role of collective bargaining in this area. It also maps current initiatives undertaken by national trade union movements in Europe to govern algorithmic management.
Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni
Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni
LLM Theses
On the 21st of October 2020, the world woke to images and video clips of the bloodied, broken bodies of Nigerians shared across social and traditional media. The night before, young Nigerians protesting police brutality were met with a government-sanctioned, combined police and military onslaught; Nigerias decades-long struggle with police dysfunction was brought to a head with the massacre of its citizens at the Lekki toll gate on the evening of October 20, 2020. This work problematizes the cycle of attempts at, and ultimate failure of, police reform in Nigeria. I argue that the colonial nature of policing is retained …
Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent Mcneil
Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent Mcneil
All Papers
No abstract provided.
Exploring The Multiple Paradoxes And Challenges Of Uganda's Refugee Law, Policies And Practice, J. Oloka-Onyango
Exploring The Multiple Paradoxes And Challenges Of Uganda's Refugee Law, Policies And Practice, J. Oloka-Onyango
The Transnational Human Rights Review
Uganda has garnered considerable international praise for its ‘open-door’ policies on refugees. This is particularly the case against the backdrop of a global context of the growing phenomenon of states constructing physical and metaphorical walls against the phenomenon of migration, whether forced or voluntary. Nevertheless, such praise conceals a much more complex context of opportunistic strategizing, donor politics and regional geopolitical balancing. In sum, what is lauded as ‘progressive’ is much more problematic and nuanced, especially with respect to the issue of local integration (particularly for long-term refugees), voluntary repatriation and the management and funding of refugee support.
Mapping Of Freedom Of Information Requests (Foirs) For The Publication Of Covid-19 Vaccine Supply Contracts, Chiamaka Ojiako, Uchechukwu Ngwaba
Mapping Of Freedom Of Information Requests (Foirs) For The Publication Of Covid-19 Vaccine Supply Contracts, Chiamaka Ojiako, Uchechukwu Ngwaba
The Transnational Human Rights Review
Freedom of Information Requests (FOIRs) provide the window of access to COVID-19 vaccine supply contracts in times of crisis, yet for COVID-19 supply contracts, FOIRs have recorded limited success due to barriers which have either been legal, institutional, political or a combination of all of these. Despite State’s commitment to freedom of information and open contracting at both the national and international level, the urgency to procure vaccines led many countries to prioritize public health goals over protecting the public’s right of access to information. This empirical study examines freedom of information requests related to COVID-19 vaccine supply contracts to …
Getting It Wrong: Applying Public Security Limitation To The East African Community's Right Of Establishment In Kenya, Priscah Wamucii Nyotah, Francis D.P. Situma, Edwin Abuya
Getting It Wrong: Applying Public Security Limitation To The East African Community's Right Of Establishment In Kenya, Priscah Wamucii Nyotah, Francis D.P. Situma, Edwin Abuya
The Transnational Human Rights Review
The Right of Establishment (ROE) is one of the rights and freedoms provided for under the East African Community’s Common Market Protocol. Under this right, citizens of East African Community Partner States, namely, Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, and the Democratic Republic of Congo are entitled to move to any other Partner State and pursue economic activities, as self-employed persons. Their spouses and children are also entitled to this right or to be employed. They are also entitled to join the security schemes of the host PS. However, the right is not absolute. A PS can limit the …
Federalism And Constitutional Hyper-Rigidity: A Comparative Analysis Of The Federalist Amendment Mechanisms Within The Australian And United States Constitutions, Amy Buckley
The Transnational Human Rights Review
The amendment mechanisms contained within the Australian and United States Constitutions, being Section 128 and Article V respectively, have many structural similarities. Both amendment mechanisms are purposed towards protecting federalism insofar as they require the achievement of more than just a simple constituent majority before a referendum proposal will succeed. In fact, the entrenchment of the Australian and United States ‘double’ and ‘super’ majority requirements respectively were specifically included as a protection for the federal distribution of power originally mandated within the Constitutions of each. Building upon that framework, if the Australian and American constitutional amendment mechanisms are purposed towards …
Summary: New Perspectives On Worker Subordination, Valerio De Stefano, Sara Slinn, Eric Tucker
Summary: New Perspectives On Worker Subordination, Valerio De Stefano, Sara Slinn, Eric Tucker
International Symposium on New Perspectives on Worker Subordination
No abstract provided.
Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker
Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker
Articles & Book Chapters
This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions …
Written Submission To The House Of Commons’ Justice And Human Rights Committee On Bill C-9: An Act To Amend The Judges Act, Craig M. Scott
Written Submission To The House Of Commons’ Justice And Human Rights Committee On Bill C-9: An Act To Amend The Judges Act, Craig M. Scott
Commissioned Reports, Studies and Public Policy Documents
This is a brief entered into evidence before the Canadian House of Commons’ Justice and Human Rights Committee during its consideration of Bill C-9, An Act to amend the Judges Act. Bill C-9 was introduced on First reading by the Government of Canada on December 16, 2021. The amendments in Bill C-9 concern the procedures by which the Canadian Judicial Council handles complaints of judicial misconduct. The brief argues that the Bill C-9 presents problems of transparency that undermine accountability of the judiciary in the face of concerns of misconduct. It seeks to demonstrate that Bill C-9’s effort to hide …
Uk Supreme Court Rules That English Companies Can Be Sued For Actions Of Foreign Subsidiaries In The Interest Of “Substantial Justice”, Suzanne E. Chiodo
Uk Supreme Court Rules That English Companies Can Be Sued For Actions Of Foreign Subsidiaries In The Interest Of “Substantial Justice”, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo
Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo
English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
A Relational Approach To Property, Jennifer Nedelsky
A Relational Approach To Property, Jennifer Nedelsky
Articles & Book Chapters
No abstract provided.
The 14th Annual Sir Hugh Laddie Lecture - Mr. Justice Laddie And His Intellectual Property Cases: Of Millefeuilles And A Fish Called Elvis, David Vaver
Articles & Book Chapters
For me, it was a trip through the judgments of a master craftsman who could succinctly summarize the dispute before him; weigh the conflicting evidence; say what rang true and what did not; state the applicable law, often from first principles set in their historical and policy context; and end by saying who won and lost and what to do. Copyright law might be "over-strong", as he suggested in a 1996 lecture;14 but when he had to decide whether a TV documentary critical of cheque-book journalism could freely use another channel's footage to make its point, Laddie J. said his …
Concessionaires, Financiers And Communities: Implementing Indigenous Peoples’ Rights To Land In Transnational Development Projects By Kinnari I. Bhatt, Ethan Guthro
Osgoode Hall Law Journal
THE PUBLICATION OF DOCTOR KINNARI I. Bhatt’s first book, Concessionaires, Financiers and Communities: Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects (“Concessionaires”), comes at a time of uncertainty for the field of Aboriginal law in Canada and across the globe. To contextualize the key themes found throughout Concessionaires, and to provide a basis upon which my critiques shall be built, it is important to briefly detail recent developments in Aboriginal law in Canada.
The Law’S Apprehension Of Religion As A Legal Fiction, Blair Major
The Law’S Apprehension Of Religion As A Legal Fiction, Blair Major
Osgoode Hall Law Journal
This article addresses issues surrounding the way in which law apprehends religion in the judicial context. The first part of the article proposes the notion of legal fiction as a theoretical lens through which to view the law’s apprehension of religion. It is argued that this highlights and articulates a useful set of ideas about the social-symbolic process of the law’s interaction with religion. The second part of the article applies these theoretical ideas through an in-depth discussion of three cases: Ktunaxa Nation v. British Columbia, Multani v. Commission scolaire Marguerite-Bourgeoys, and Bentley v. Anglican Synod of the Diocese of …
Welcome Home: Aboriginal Rights Law After Desautel, Kent Mcneil, Kerry Wilkins
Welcome Home: Aboriginal Rights Law After Desautel, Kent Mcneil, Kerry Wilkins
Osgoode Hall Law Journal
In R. v. Desautel, decided 23 April 2021, a majority of the Supreme Court of Canada held, for the first time, that an Indigenous community located in the United States, whose members are neither citizens nor residents of Canada, can have an existing Aboriginal right, protected by section 35 of the Constitution Act, 1982, to hunt in a specified area within Canada. This will be so, the Supreme Court majority held, where the community can show that it descends from (is a successor of) an Indigenous community that was present in what is now Canada at the time of the …
Lost In Transmission: A Constitutional Approach To Achieving A Nationwide Net Zero Electricity System, Kristen Van De Biezenbos
Lost In Transmission: A Constitutional Approach To Achieving A Nationwide Net Zero Electricity System, Kristen Van De Biezenbos
Osgoode Hall Law Journal
Canada has announced plans to meet its Paris Agreement commitments on reducing greenhouse gas emissions and achieving net-zero by 2035; but standing in the way of these ambitions is an electricity crisis. The crisis is provincially balkanized electricity systems with a dearth of interprovincial transmission lines, and the impacts are three-fold. First, the country is divided into renewable have- and have-not provinces, with some jurisdictions generating more hydropower than they need while others struggle to wean themselves off coal and natural gas. Second, the lack of interprovincial transmission is a deterrent to private investment in renewable energy projects, which is …
The Principle Of Proportionality In Sentencing: A Dynamic Evolution And Multiplication Of Conceptions, Marie Manikis
The Principle Of Proportionality In Sentencing: A Dynamic Evolution And Multiplication Of Conceptions, Marie Manikis
Osgoode Hall Law Journal
This article examines the theoretical foundations and developments of the concept of proportionality in common law sentencing. It traces its evolution within its two main underlying frameworks: desert-based and consequentialist theories of punishment. It specifically examines the Canadian context and demonstrates that this concept was primarily rooted in a desert-based framework but has increasingly been infused with consequentialist rationales. It is argued that this multiplication of underpinnings has led to a conceptual muddling of proportionality, risking voiding the concept of its meaning and usefulness to decision-makers at sentencing. The article therefore proposes a nuanced framework, similar to the one in …
Animal Rights Activism And The Constitution: Are Ag-Gag Laws Justifiable Limits?, Jodi Lazare
Animal Rights Activism And The Constitution: Are Ag-Gag Laws Justifiable Limits?, Jodi Lazare
Osgoode Hall Law Journal
It is a troubling time to be an animal rights activist in Canada. Recently, Alberta adopted legislation to create harsh penalties for trespassing onto private property, for obtaining permission to enter private property based on false pretences, and for interfering with vehicles on public highways. These laws relate to agricultural lands, to private property generally, and, where roads are concerned, to public property. Ontario has adopted similar legislation aimed specifically at agricultural property. The legislation in both provinces purports to protect the security of farmers, their families, and rural property owners generally, as well as the safety of the food …
Between The Devil And The Deep Blue Sea—Towards Access To Justice For Local Communities In Investor-State Arbitration Or Business And Human Rights Arbitration, Akinwumi Ogunranti
Between The Devil And The Deep Blue Sea—Towards Access To Justice For Local Communities In Investor-State Arbitration Or Business And Human Rights Arbitration, Akinwumi Ogunranti
Osgoode Hall Law Journal
This article focuses on the proposal to adapt international arbitration to business disputes involving human rights. The Business and Human Rights arbitration (BHR arbitration) proposal seeks to give local communities who are victims of multinational corporations’ human rights and environmental abuses access to justice in a specialized international BHR arbitration tribunal. Through a comparison between investor-state arbitration (ISA) and BHR arbitration, this article contends that it would be more efficient to reform ISA than to create a BHR arbitration tribunal. Reforming ISA would avoid the possible parallel arbitration systems that may arise from the duplication of international governance efforts. It …
A Commercial Law Of Privacy And Security For The Internet Of Things By Stacy-Ann Elvy, Melissa Indome
A Commercial Law Of Privacy And Security For The Internet Of Things By Stacy-Ann Elvy, Melissa Indome
Osgoode Hall Law Journal
FROM SMART CARS TO SMART REFRIGERATORS, the internet of things (IoT) has revolutionized various facets of our lives. These novel developments galvanized what scholars now deem to be the Fourth Industrial Revolution. This new era is characterized by technology-driven innovation that marries aspects of the physical, digital, and biological domains, going so far as to defy preconceived notions of human capabilities and behaviour. The societal proclivity towards digitization and automated processes has spurred the proliferation of companies entering the technology arena. Corporations are leveraging emerging technologies to cater to consumers’ idiosyncratic needs more effectively. Central to this objective is the …
Chinese Antitrust Exceptionalism: How The Rise Of China Challenges Global Regulation By Angela Huyue Zhang, Dana Levin
Chinese Antitrust Exceptionalism: How The Rise Of China Challenges Global Regulation By Angela Huyue Zhang, Dana Levin
Osgoode Hall Law Journal
HOW IS CHINA DISTINCT? What are the implications of Chinese exceptionalism? Chinese Antitrust Exceptionalism: How the Rise of China Challenges Global Regulation (“Chinese Antitrust Exceptionalism”) explores these questions in the context of antitrust law and policy making. The book, authored by Angela Huyue Zhang, positions the relatively young Chinese antitrust regime in contrast to its more mature global counterparts, namely, the European Union (EU) and the United States (US). In this analysis, Chinese Antitrust Exceptionalism considers how China crafts and enforces antitrust policy, as well as how its counterparts enforce their policies against China. While it focuses on this one …