Law Commons^™

The Regulation Of In-House Counsel: Opening The Pandora’S Box Of Professional Independence, Pascale Chapdelaine

Law Publications

The number of lawyers who practice law in-house has significantly increased over the last thirty years in North America. While in this part of the world, in-house counsel are regulated in the same manner as outside counsel by their professional bars, the recent decision by the European Court of Justice (Grand Chamber) Akzo Nobel Chemicals Ltd et al. v. European Communities, reminds us that other parts of the world treat in-house counsel very differently. This paper analyses the justifications for a similar treatment of in-house counsel and outside counsel by the legal profession. While a detailed contextual analysis of in-house …

Book Review: The Best Interests Of Children – An Evidence Based Approach, By Paul Millar, Noel Semple

Law Publications

If custody and access disputes are a deck of cards, the trump suit is the best interests of the child. When separating parents litigate about how and with whom their child should live, findings about what’s best for the child are meant to sweep away the parents’ interests and rights-claims. This principle is uncontroversial, but applying it is difficult. What parenting arrangements are best for children, and how successful is the legal system in putting these arrangements in place?

Sociologist Paul Millar has responded with this slim volume, the goal of which is to “explain child custody outcomes in Canada …

Access To Digital Information: Gift Or Right?, Margaret Ann Wilkinson

Law Publications

The 21st century started with a bang, at least from the perspective of the widespread adoption of information technologies, and market hype for overvalued technology stock. There was a second bang shortly afterwards, when the bubble burst. We are now entering a period of greater stability for the appreciation of information technology in society, as well as sustained development, albeit in a financial environment that has become uncertain. This collection of essays addresses some of the issues that face our society in deciding how best to handle access to, and monopolies over, knowledge. It includes detailed examination of the social, …

The Gender Jurisprudence Of The Special Court For Sierra Leone: Progress In The Revolutionary United Front Judgments, Valerie Oosterveld

Law Publications

No abstract provided.

Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, Valerie Oosterveld

Law Publications

No abstract provided.

Review Of Arthur Ripstein, Force And Freedom, Andrew Botterell

Law Publications

No abstract provided.

Beyond Provincialism: Canadian Law Societies And The Protection Of Human Rights Abroad, Christopher Waters, Ashley Barnes

Law Publications

This paper explores Canadian law societies’ involvement in human rights protection and promotion abroad. The authors identify strategies for provincial law societies to contribute overseas, and point out the challenges with adopting such an international focus.

The rationale for law societies’ involvement in human rights comes from the expectation that they will regulate in the public interest. In today’s globally interconnected world, there are few remaining domestic legal solitudes. Clients come from diverse backgrounds, and legal transactions regularly take place across jurisdictional boundaries. To fulfill their mandate for social responsibility, Canadian provincial law societies can no longer ignore threats to …

The “Eye Of The Beholder”: Professional Opinions About The Best Interests Of A Child, Noel Semple

Law Publications

Child custody evaluations (CCEs) are a central feature of parenting litigation in many North American jurisdictions. However, there has been little recent research comparing CCE decisions about children’s interests with decisions made by judges. This article presents empirical research about the extent to which Ontario judges accept custody and access recommendations from CCEs employed by Ontario’s Office of the Children’s Lawyer. The central finding was that the judges fully agreed with the CCEs only about half of the time. Possible explanations for this finding are explored, the most salient of which is the effect of delay in Ontario family litigation. …