Law Commons^™

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

Hari Osofsky

No abstract provided.

Energy Partisanship, Hari M. Osofsky, Jacqueline Peel

Hari Osofsky

Whether the topic is the Paris Agreement on climate change, greenhouse gas emissions from power plants, the Keystone XL pipeline, hydraulic fracturing, offshore drilling, or renewable energy, much of the U.S. policy dialogue about energy and climate change is deeply partisan. Republicans and Democrats debate individual issues in vitriolic sound bites that indicate minimal common ground. For example, officials favoring robust action on climate change are charged with engaging in a “War on Coal.” Those opposed are labeled “members of the Flat Earth Society.” Set against these dysfunctional climate and energy politics, how can progress be made? For people who …

Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky

Hari Osofsky

During the 2001–02 academic year, I lived in China, teaching U.S. civil rights law and helping to start a labor law clinic. My first day of teaching the fall civil rights course was the day of the September 11 attacks, and that event and reactions to it played a dominant role in my experience of that year. However, it was also a particularly interesting year to be in China from an environmental-energy perspective because the Three Gorges Dam was in the process of being built and brought onlie. At that point, the area was partially flooded and it was one …

Hybrid Energy Governance, Hari M. Osofsky, Hannah J. Wiseman

Hari Osofsky

This Article develops a novel theory of energy governance and uses it to assess how institutional innovation can help meet critical challenges. Energy law is substantively complex and deeply fragmented. Each energy sector - including fuel extraction and pipelines, electricity generation and transmission, and transportation - has its own legal regime and federalism approach; confusion often exists at moments of crisis about how much authority federal, state, and local regulators have in these areas. The complexity and fragmentation of energy law are particularly problematic because the energy system faces major transitions due to emerging technology, more unpredictable and extreme weather …

A Law And Geography Perspective On The New Haven School, Hari M. Osofsky

Hari Osofsky

In his reflections on the twenty-fifth anniversary of the founding of the Yale Journal of International Law, Michael Reisman described the journal's origins. In 1974, a group of dedicated graduate and J.D. students, who self-identified as members of the New Haven School, began the process of establishing the journal in the face of resistance from the law school administration. After work "[i]n secrecy, in the bowels of the international law library, usually working at night in a setting that must have seemed increasingly like an underground bunker," the students published their first issue and then continued without support from the …

Defining Sustainable Development After Earth Summit 2002, Hari M. Osofsky

Hari Osofsky

No abstract provided.

Arctic Energy Cooperation, Hari M. Osofsky, Jessica Shadian, Sara L. Fechtelkotter

Hari Osofsky

The Arctic – with almost a third of the world’s remaining natural gas and thirteen percent of its oil – is one of the globe’s last frontiers for competition over unexplored natural resources. The rapid pace of Arctic melting due to climate change has created opportunities to extract the region’s previously inaccessible offshore oil and gas. The 2015 controversy over the Obama Administration’s approval of Shell Oil’s drilling in the Chukchi Sea followed by the company’s decision to pull out highlighted the need for clear and effective regulation of Arctic drilling. Offshore oil spills are difficult to prevent and clean …

Complex Value Choices At The Environment-Energy Interface, Hari M. Osofsky

Hari Osofsky

This dilemma of environment-energy decisions that have major positives and negatives from either a health or ecosystem perspective poses an important ethical challenge that this Essay explores. Namely, in many cases, one can value humans, species, and ecosystems, and still not be able to resolve the best way forward. The Essay focuses in particular on a core problem at the environment-energy interface: people demand cheap and reliable energy, which pushes us towards new technology or the massive expansion of existing technology, both of which carry risks and possibilities for a cleaner future. The Essay considers this dilemma in the U.S. …

Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky

Hari Osofsky

No abstract provided.

Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai

Stephanie Ben-Ishai

In the recent Canada Business Corporations Act' amendments implementing a proportionate liability scheme, auditors appear to be winners. This is consistent with the trend in the past several years as a result of which Canadian auditors have been successful in narrowing the scope of their liability both through legislation and through common law. Going forward, however, it is fair to say that auditors will be losers unless the accounting profession re-evaluates its role and responsibilities to its stakeholders. Given the accounting and corporate governance scandals North America has witnessed in the past few years, as well as the actual and …

'What Gets Measured Gets Done': Exploring The Social Construction Of Globalized Knowledge For Development, Ruth Buchanan, Kimberley Byers, Kristina Mansveld

Ruth Buchanan

The project of international development can be understood as a way of seeing the world that is both constituted by and interwoven with evolving processes of measurement, comparison and quantification. Drawing on the sociological insight that regimes of measurement can never be ‘neutral’ representations of external ‘objects’, but are instead actively engaged in shaping what can be known, this chapter critically examines the ways in which the production of globalized rankings and metrics are imbricated with the production of the social and economic hierarchies that development as a project seeks to ameliorate. The chapter illustrates the mechanisms and effects of …

An Undetectable Constitutional Violation, Jill W. Lens

Jill Wieber Lens

Justice Thomas, Civil Asset Forfeitures, And Punitive Damages, Jill W. Lens

Jill Wieber Lens

Introduction To The Law And Markets: Regulating Controversial Exchange, Kimberly Krawiec, Poonam Puri, Mitu Gulati

Poonam Puri

We are pleased to share these articles, written by selected scholars who presented at a symposium held at Osgoode Hall Law School on September 15, 2015. With the support of the Pierre Genest Memorial Fund, the Nathanson Centre on Transactional Human Rights, Crime and Security, and the Institute for Feminist Legal Studies, our objective at the symposium was to address pressing contemporary issues including access to reproductive technologies, sex work, evolving notions of sovereignty, and the refugee crisis. We explored the power and limits of market forces and regulatory tools for addressing these issues, while stimulating lively and respectful discussion …

The Role Of Corporate Governance In Curbing Foreign Corrupt Business Practices, Poonam Puri, Andrew Nichol

Poonam Puri

The role of corporate and securities laws in addressing foreign corrupt business practices have, to date, received limited consideration. Departing from the substantial literature on the criminal and public law response to international corruption, the authors analyze Canada’s Corruption of Foreign Public Officials Act in comparison with British and American legislation and conclude that the Canadian regime relies too heavily on the use of criminal sanctions and fails to contemplate the role of behaviour modification in its legislative structure. Recognizing that multinational corporations are well placed to identify, expose, and prevent corrupt business practices, the authors propose a private law-based …

Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.

Conversations About Families In Canadian Courts And Legislatures: Are There "Lessons" For The United States?, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.

Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon

Mary G. Condon

In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state, and evolution, of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite as UBC Law’s inaugural Fasken Martineau Senior Visiting Scholar. This paper is an introductory essay to the special edition of the UBC Law Review devoted to the workshop’s resulting work products. The volume begins with John Braithwaite’s own reflections on the responsive regulation project. On one level, the set of essays that follows his can …

Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young

Lisa Philipps

Section 15 of the Charter offers the promise of redressing many systemic inequalities in the law. This paper considers the implications of section 15 for the taxation of child support payments, an issue raised in the Thibaudeau case. While endorsing the Federal Court of Appeal's decision that the current tax regime is unconstitutional, the authors take issue with the Court's reasoning in reaching this result. In the first part of their paper, the authors address a number of shortcomings in the Court's equality analysis, arguing that the process employed by the Court ignored critical aspects of equality theory. The process …

The Doctrine Of Discovery Reconsidered: Reflecting On Discovering Indigenous Lands: The Doctrine Of Discovery In The English Colonies, By Robert J Miller, Jacinta Ruru, Larissa Behrendt, And Tracey Lindberg, And Reconciling Sovereignties: Aboriginal Nations And Canada, By Felix Hoehn, Kent Mcneil

Kent McNeil

This is a review essay discussing two books: Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies, by Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg, and Reconciling Sovereignties: Aboriginal Nations and Canada, by Felix Hoehn.

From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland

Kate Sutherland

No abstract provided.

Mechanisms For Restricting Recovery For Emotional Distress In Contracts, John D. Mccamus

John D. McCamus

No abstract provided.

Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus

John D. McCamus

No abstract provided.

Disgorgement For Breach Of Contract: A Comparative Perspective, John D. Mccamus

John D. McCamus

No abstract provided.

Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi

Hengameh Saberi

This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated …

The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs

Harry Arthurs

In this article, the author examines three visions of the future of law schools. The first vision is that they should focus on producing "practice ready lawyers" to meet the immediate needs of today's legal profession. The second is that law schools should focus on training "tomorrow's lawyers, "graduates who are able to adapt to a rapidly-changing world. The third insists that law schools are knowledge communities whose many functions include, but are not limited to, providing students with a large and liberal understanding of law that will prepare them for a variety of legal and non-legal careers and for …

Making Bricks Without Straw: The Creation Of A Transnational Labour Regime, Harry Arthurs

Harry Arthurs

This essay suggest that attempts to create a transnational regime of labour regulation have been frustrated by a series of related and mutually reinforcing developments: the incapacity or unwillingness of states to intervene in labour markets; changes in those markets associated with globalization and post-­‐industrial capitalism; the decline of the “standard employment contract”; the demise of working class consciousness, solidarity and power; and the shift from “hard” to “soft” labour law. It concludes with a proposal for three-­‐part strategy of reinventing labour law in the new dispensation: by enlarging its intellectual ambition; expanding its clientele; and extending its spatial reach.

Canadian Strike Ballot And Notice Law: Barely A Tempest In A Teapot, Sara Slinn, Eric Tucker

Eric M. Tucker

This article locates strike ballot laws at the intersection of two of labour law’s primary goals, promoting collective bargaining by responsible unions and reducing industrial conflict. Depending on their design, strike ballot laws may aim to protect democratic voice or to create an obstacle to engaging in lawful strikes. Strike ballot requirements in Canada were initially imposed during World War II primarily to reduce industrial conflict. The requirement was controversial and after the war most provinces opted not to make a strike ballot a condition of lawful strike action. Between the 1960s and the late 1990s, however, strike ballot votes …

Challenges To The Citadel: A Brief Overview Of Recent Trends In Canadian Corporate Governance, Ronald J. Daniels, Edward J. Waitzer

Edward J. Waitzer

Politicians, bureaucrats, owners, managers and employees are becoming increasingly concerned with the capacity of Canadian corporations to survive and prosper in the twenty-first century. By and large, the attention focused on competitiveness has developed from the rapid international integration of goods, capital and service markets. This integration has resulted in the creation of a new borderless world, in which consumer preferences reign supreme and in which those corporations that fail to anticipate, shape and respond to these preferences with cost- and quality-competitive products face certain failure. Concern over the survival of national firms commands widespread societal attention because of the …

Biography: Eyre, Sir James (Bap. 1734, D. 1799), Douglas Hay

Douglas C. Hay

No abstract provided.