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Western University

2013

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Articles 1 - 21 of 21

Full-Text Articles in Law

Victims’ Opportunities To Review A Decision Not To Prosecute Made By The Crown Prosecutor, Li Tian Dec 2013

Victims’ Opportunities To Review A Decision Not To Prosecute Made By The Crown Prosecutor, Li Tian

Electronic Thesis and Dissertation Repository

In Canada, Crown prosecutors and the Attorney General are not always as fair as we expect when making charging decisions, and therefore victims could be personally aggrieved by unfair and unjust decisions not to prosecute. When this happens, victims have limited remedy to redress the unfairness and unjustness in order to uphold their interests in a criminal proceeding. Conversely, the European Union, United Kingdom, and the United State have taken steps to let victims challenge decisions not to prosecute to some extent. Drawing on experiences of the abovementioned jurisdictions, I propose a two-level process of review for decisions not to …


Fair Dealing Law & The Contractual Environment, Margaret Ann Wilkinson Nov 2013

Fair Dealing Law & The Contractual Environment, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


Genealogy And The Law In Canada 2013, Margaret Ann Wilkinson Nov 2013

Genealogy And The Law In Canada 2013, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


Tracing Forward And The Law: Navigating Privacy And Access Rules, Margaret Ann Wilkinson Oct 2013

Tracing Forward And The Law: Navigating Privacy And Access Rules, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande Sep 2013

Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande

Electronic Thesis and Dissertation Repository

This thesis shows how an emissions trading scheme can help African countries contribute to the goal of stabilizing the concentration of greenhouse gases in the atmosphere. This is done through an assessment of the gaps in Africa’s climate change mitigation policy architecture and the potential benefits of emissions trading as a policy instrument—including lessons learned from emissions trading schemes implemented in the US, the EU, New Zealand, and Chile. The thesis concludes that adopting an emissions trading scheme as a policy instrument in Africa could potentially close the gaps in its policy architecture.


The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia Aug 2013

The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia

Electronic Thesis and Dissertation Repository

The Assisted Human Reproduction Act (AHRA) is a piece of federal legislation that was passed in 2004. The province of Quebec issued a reference question regarding the constitutionality of the federal legislation and in 2010 the Supreme Court of Canada rendered its opinion. The result was a success for the provinces because the Supreme Court’s verdict severely limited the scope of the federal legislation. In addition to clarifying the limits of the federal government’s criminal law power, the saga of the AHRA also helps illustrate the integral role the concept of co-operative federalism plays in modern Canadian inter-governmental …


Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik Aug 2013

Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik

Electronic Thesis and Dissertation Repository

As concerns about the environment increase and civilians continue to become casualties of armed conflict, we must reflect on traditional approaches and applications of International Humanitarian law [IHL]. While the current state of IHL provides protections for civilians and the environment, examples in practice of excessive harms to both suggest a gap exists in these protections. Current academic literature in the field tends to focus on either the protection of civilians or the protection of the environment, on either IHL or International Environmental law [IEL]. This is problematic as the two are inextricably linked: civilians and environment often, if not …


Corporate Social Responsibility In Canadian Banking A Case Study On The Equator Principles, Ian Osellame Aug 2013

Corporate Social Responsibility In Canadian Banking A Case Study On The Equator Principles, Ian Osellame

Electronic Thesis and Dissertation Repository

This thesis considers the role of Corporate Social Responsibility (CSR) in the Canadian banking sector. Although the relevance of CSR continues to be debated, this analysis starts from the position that CSR is now a fact of life for modern banks and tests whether Canadian banks are demonstrating CSR behavior through their adoption of the Equator Principles: a series of guidelines on the management of social and environmental issues that banks voluntarily commit to follow in their project financing activities. This thesis concludes that examples of CSR behavior can be observed as Canadian banks continue to define the scope of …


Fippa Requests : A How-To Workshop, Lisa Di Valentino Jun 2013

Fippa Requests : A How-To Workshop, Lisa Di Valentino

FIMS Presentations

Ontario's Freedom of Information and Protection of Privacy Act regulates information privacy and access to information in the public sector. It applies to information held by the provincial government and its agencies, including colleges and universities. Provincial institutions must delegate an officer to handle such requests, and deal directly with the individual who is seeking access. Appeals of the institution's decision are handled by the Ontario Information and Privacy Commissioner. This workshop will cover the process of filing a formal information request, tips for ensuring that you obtain relevant
records, and how to challenge an institution's decision to withhold information.


Analysis Of The Copyright Modernization Act, Margaret Ann Wilkinson May 2013

Analysis Of The Copyright Modernization Act, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


Ola Spring Copyright Symposium, Margaret Ann Wilkinson May 2013

Ola Spring Copyright Symposium, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo Apr 2013

Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo

Electronic Thesis and Dissertation Repository

Brazil’s toll-highway system is among the most extensive tolling systems on the planet. This extensive toll-highway system affects millions of Brazilians, particularly because it is increasingly difficult for Brazilians to move between work and home without passing through a number of toll gates. Moreover, most toll roads in Brazil have been conceded from the government to private actors, and regulations governing the actions of these private actors (and the rates they charge to highway users) are sparse. This thesis will examine the nature of the highway toll industry in Brazil, the laws conceding toll roads to private actors, and the …


Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome, Katie Davey Apr 2013

Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome, Katie Davey

Electronic Thesis and Dissertation Repository

Little is known about how and when the Psychopathy Checklist Revised (PCL-R) is being introduced into Canadian Courts or how it affects sentencing outcomes. Using the Lexis-Nexis Quicklaw Academic Database to retrieve judge’s sentencing decisions, all 274 cases with PCL-R information for Canadian courts were included in this study. It was hypothesized correctly that PCL-R information would most often be introduced in Long Term Offender (LTO) and Dangerous Offender (DO) applications as well as sentencing cases for murderers and sex offenders. The 274 cases were then reduced to 37 cases in order to focus on sentencing without Dangerous Offender or …


Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino Mar 2013

Access Copyright & Technology: Legal And Policy Issues In Education, Lisa Di Valentino

FIMS Presentations

Access Copyright is a collective organization representing the
copyright interests of publishers and creators. The collective offers
copyright licences that allow certain limited uses of works in the
collective's repertoire. The use of collective licences as part of
copyright management policy was common in post-secondary education
administration until 2010, when many universities opted out of a
contractual relationship with Access Copyright.

The growing movement towards online open access publishing and
Creative Commons public licensing has made information more widely
available without requiring payment and with fewer restrictions on
use. The addition of education to the list of fair dealing purposes …


Copyright Update 2013, Margaret Ann Wilkinson Feb 2013

Copyright Update 2013, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


The Porous Boundary Between Legal And Business Advice, An Empirical Approach, Amy M. Ter Haar Jan 2013

The Porous Boundary Between Legal And Business Advice, An Empirical Approach, Amy M. Ter Haar

Electronic Thesis and Dissertation Repository

This thesis asked whether corporate lawyers in both private practice and acting as in-house counsel differed in their attitudes toward distinguishing their professional obligations concerning the provision of “business” advice. This research establishes that these two groups of lawyers differ in their attitudes toward the provision of advice in two ways. In connection with providing business advice, in-house counsel more frequently a) feel that “murky lines” exist when distinguishing between legal and business advice and, b) look to ethics codes. This research reflects at its core an unresolved boundary between legal and business advice and provides a resolution to this …


The Influence Of Domestic Legal Traditions On The Gender Jurisprudence Of International Criminal Tribunals, Valerie Oosterveld Jan 2013

The Influence Of Domestic Legal Traditions On The Gender Jurisprudence Of International Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.


The Shirts On Our Backs: The Rana Plaza Disaster, Interdependence, And The Shifting Locus Of Responsibility, Chios Carmody Jan 2013

The Shirts On Our Backs: The Rana Plaza Disaster, Interdependence, And The Shifting Locus Of Responsibility, Chios Carmody

Law Publications

The Rana Plaza Collapse at Savar, Bangladesh in April 2013 highlighted the immense power of global supply chains both to transform lives and imperil them. In the last decade Bangladesh has become a powerhouse of global garment manufacturing, largely through jobs shed by Chinese manufacturers. In the process, the identifiable nature of garments as a product, characteristics specific to the global garment industry, and growing consumer awareness, have all combined to permit corporate buyers in Europe and North America to dictate industrial standards. This article examines competing legal responses to the disaster as an example of the assumption of a …


Fairness In Wto Law, Chios Carmody Jan 2013

Fairness In Wto Law, Chios Carmody

Law Publications

The idea of fairness is a recurrent one in international economic law and relations. By and large, however, commentators have failed to provide a structured understanding for this vital concept or explain its reflection in legal rules. This article proposes a theory of fairness as part of a broader theory of justice, suggesting that fairness is a part of justice, but not the whole of it. Rather, justice may be thought of as a combination of equality plus fairness (i.e. justice = equality + fairness), with the proviso that in any complex system of legal rules, equality must be greater …


What Is Fairness In Wto Law?, Chios Carmody Jan 2013

What Is Fairness In Wto Law?, Chios Carmody

Law Publications

The idea of fairness is a recurrent one in international economic law and relations. By and large however, commentators have failed to provide a structured understanding of this vital concept or explain its reflection in legal rules. This submission proposes a theory of fairness as part of a broader set of reflections on the nature of fairness in WTO law.


Implementing Technology In The Justice Sector: A Canadian Perspective., J Bailey, Jacquelyn Burkell Jan 2013

Implementing Technology In The Justice Sector: A Canadian Perspective., J Bailey, Jacquelyn Burkell

FIMS Publications

Despite the many technological advances that could benefit the court system, the use of computers and network technology to facilitate court procedures is still in its infancy, and court procedures largely remain attached to paper documents and to the physical presence of the parties at all stages. More and more research is focusing on the use of technology to make the legal system more efficient and to reduce excessive legal costs and delays. The goal of this exploratory research project is to examine the experience of justice sector technology implementation from
the perspective of individuals involved first-hand in the implementation …