Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 5 of 5
Full-Text Articles in Law
The Legal Innovation Sandbox, Cristie Ford, Quinn Ashkenazy
The Legal Innovation Sandbox, Cristie Ford, Quinn Ashkenazy
All Faculty Publications
"The Legal Innovation Sandbox" examines a novel regulatory approach, called the innovation sandbox, in the context of the legal profession. The paper makes the claim that the “sandbox” regulatory model is in fact better suited to fostering innovation in the legal services arena than it is in the financial technology, or fintech, arena in which the sandbox concept developed. However, any effort to transplant a technique from one context to another needs to be carefully considered. This article is comparative across disciplines – financial regulation and legal services regulation – and across jurisdictions – covering the United Kingdom, the United …
The Legal Innovation Sandbox, Cristie Ford, Quinn Ashkenazy
The Legal Innovation Sandbox, Cristie Ford, Quinn Ashkenazy
All Faculty Publications
"The Legal Innovation Sandbox" examines a novel regulatory approach, called the innovation sandbox, in the context of the legal profession. The paper makes the claim that the “sandbox” regulatory model is in fact better suited to fostering innovation in the legal services arena than it is in the financial technology, or fintech, arena in which the sandbox concept developed. However, any effort to transplant a technique from one context to another needs to be carefully considered. This article is comparative across disciplines – financial regulation and legal services regulation – and across jurisdictions – covering the United Kingdom, the United …
Access To Justice For Migrant Workers: Evaluating Legislative Effectiveness In Canada, Bethany Hastie
Access To Justice For Migrant Workers: Evaluating Legislative Effectiveness In Canada, Bethany Hastie
All Faculty Publications
This report analyzes, compares and contrasts the growing number of provincial legislative schemes aimed at addressing known recruitment and employment abuses of temporary foreign workers through registration and licensing schemes, with a view to identifying best practices and recommendations for further improvement that will enable the effective operationalization of these statutes and the realization of their core goals to protect temporary foreign workers in Canada.
Environmental Law, Jocelyn Stacey
Environmental Law, Jocelyn Stacey
All Faculty Publications
In commemoration of their 50th anniversary, this chapter examines the Federal Courts’ role in shaping environmental law in Canada. The chapter uses well-known environmental principles – the precautionary principle, sustainable development and access to (environmental) justice – as focal points for examining environmental law as well as the legal culture of the Federal Courts. The chapter identifies four distinct interpretive roles that the Federal Courts have ascribed to the precautionary principle and it argues that three of these roles have the potential to generate more coherent and transparent doctrine that upholds the rule of law in the environmental context. In …
The Inaccessibility Of Justice For Migrant Workers: A Capabilities-Based Perspective, Bethany Hastie
The Inaccessibility Of Justice For Migrant Workers: A Capabilities-Based Perspective, Bethany Hastie
All Faculty Publications
This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations.