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Full-Text Articles in Law
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Osgoode Hall Law Journal
There is a growing debate as to the relative merits and consequences of a shift to a more shareholder-centric corporate governance framework. How much "direct democracy" makes sense in corporate decision making? If power is to be transferred to shareholders, should responsibilities be imposed (and, if so, how)? These issues have long been addressed by courts and regulators in the context of unsolicited control transactions. In its recent Air Products & Chemicals v. Airgas decision, the Delaware Chancery Court canvassed the evolution of its law on this point and concluded that implicit in the power (and responsibility) of the board …
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Osgoode Hall Law Journal
This article compares the law of custody and access disputes with the procedure used to resolve them. The author argues that there is a fundamental contradiction between the two. The former focuses on the interests of the children involved to the exclusion of everything else. The latter, however, is controlled by and designed to protect the rights and interests of the adult parties to the dispute. Despite their doctrinal centrality in custody and access law, children are usually silent and invisible in custody and access procedure. To resolve this contradiction, the author proposes a focus on the costs and benefits …
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972, Prashan Ranasinhe
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972, Prashan Ranasinhe
Osgoode Hall Law Journal
This article explores significant reforms to the vagrancy section of the Criminal Code during the mid-to-late twentieth century. By locating the reforms within their unique social, political, and economic climates, I examine how they reconceptualized the offence of vagrancy and concomitantly reconstructed the vagrant as a social problem. The reforms played a seminal role in reducing the number of vagrancy offences, eventually leading to the demise of vagrancy in the criminal law. Yet, while the "vagrant" ceased to exist in the law, the law still continues to preserve vestiges of the vagrant in a highly gendered manner.