Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Windsor

Theses/Dissertations

2023

Discipline
Keyword
Publication

Articles 1 - 7 of 7

Full-Text Articles in Law

A Taste Of Tradition: Exploring Geographical Indications And Indigenous Agricultural Knowledge In Canada, Rashveen Chawla Nov 2023

A Taste Of Tradition: Exploring Geographical Indications And Indigenous Agricultural Knowledge In Canada, Rashveen Chawla

Electronic Theses and Dissertations

This thesis offers a critical analysis of the use of geographical indications (GIs) to protect food and agricultural traditional knowledge products, with a focus on Canada. The aim of this research is to contextualize questions on the use of GIs within the general framework of international and national regimes governing intellectual property rights, traditional knowledge and agriculture. It also examines the relationship between geographical indications and development in Canada's intellectual property landscape. While the analysis presented in this dissertation is specific to Canada, the insights gained from this research may be relevant to other jurisdictions considering the use of geographical …


Deconstructing Caste-Based Private Discrimination: Comparative Examination Of India And Canada, Shubham Kumar Oct 2023

Deconstructing Caste-Based Private Discrimination: Comparative Examination Of India And Canada, Shubham Kumar

Electronic Theses and Dissertations

"Caste" is a rigid system of social hierarchy marked by deep-rooted divisions. These divisions are upheld through patriarchal and heteronormative practices, often enforced through the looming threats of social ostracism, economic boycotts, and physical violence, which also infringe upon the rights guaranteed by the Constitution of India. While numerous legal judgments and legislations have concentrated on mitigating caste-based discrimination by state authorities and individuals in public spaces, significantly less attention has been directed towards caste discrimination in private spheres, referred to as private discrimination. Despite explicit constitutional provisions that prohibit private discrimination and enable individuals to take legal action against …


Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse May 2023

Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse

Major Papers

This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …


Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke May 2023

Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke

Major Papers

Media scholars Nick Couldry and Ulises Mejias (2019) define digital colonialism as the “term for the extension of a global process of extraction that started under colonialism and continues through industrial capitalism, culminating in today's new form: instead of natural resources in labor, what is now being appropriated is human life through its conversion into data” (p. 22). This research will critically analyze the Canadian government’s ill-received Bill C-11: the Amended Consumer Privacy Protection Act by using digital colonialism as a conceptual framework to reveal the Bill’s essential limitations. It will consist of two sections: 1) an in-depth exploration of …


Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic Jan 2023

Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic

Major Papers

Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in …


Total Pit Bull Shit: Anomie And Breed Specific Legislation In Windsor, Ontario, Lauren Joy Sharpley Jan 2023

Total Pit Bull Shit: Anomie And Breed Specific Legislation In Windsor, Ontario, Lauren Joy Sharpley

Electronic Theses and Dissertations

This study employs Durkheimian sociology, anomie in particular, to examine breed-specific legislation in Windsor, Ontario. This thesis is unique in that it analyses breed-specific legislation (BSL) in a way that has not been done previously, by applying a rigorous, sociological theory perspective. Other than discussions on totemism and limited discussions of animals, previous applications of Durkheim’s theories on anomie, morality and law have not focused on human-animal relationships, especially the relationship between humans and companion dogs. Human animal studies (HAS) and critical animal studies (CAS) literature has not employed the Durkheimian concept of anomie to understand human-animal relationships and BSL …


Kanoronhkwá: A Haudenosuanee Anishnawbe Woman’S View On The Impact Of The Doctrine Of Discovery On Haudenosaunee Women, Stephanie Pangowish Jan 2023

Kanoronhkwá: A Haudenosuanee Anishnawbe Woman’S View On The Impact Of The Doctrine Of Discovery On Haudenosaunee Women, Stephanie Pangowish

Electronic Theses and Dissertations

Since the colonization of Indigenous peoples on this territory, Indigenous women have faced violence, and we continue to face violence not only in political spheres but also at home; at the root of thisis the assumed sovereignty of the Canadian state over Indigenous peoples. Haudenosaunee women have long held a sacredness, a sacredness that has long been recognized by Haudenosaunee communities. Women's sacredness is outlined in our Creation Story and our Great Law of Peace. The Creation Story tells us how we interact with each other and all spiritual creation. Our Great Law of Peace is our governing law that …