Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (5)
- Constitutional Law (5)
- International Law (5)
- Environmental Law (4)
- Indigenous, Indian, and Aboriginal Law (3)
-
- Business (2)
- Business Organizations Law (2)
- Dispute Resolution and Arbitration (2)
- Human Rights Law (2)
- Law and Politics (2)
- Law and Society (2)
- Transnational Law (2)
- Arts and Humanities (1)
- Business Administration, Management, and Operations (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Common Law (1)
- Courts (1)
- European Law (1)
- First Amendment (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Intellectual Property Law (1)
- International Business (1)
- Islamic Studies (1)
- Judges (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Keyword
-
- Canada (4)
- Human Rights (2)
- Aboriginal Title (1)
- Aboriginal law, Indigenous law, duty to consult, environmental impact assessment (EIA), Canadian constitutional law (1)
- Administrative Courts (1)
-
- Anti-corruption compliance (1)
- Appellate Courts (1)
- Authoritarian politics (1)
- Authority (1)
- Bosnia and Herzegovina (1)
- Brazilian law, corruption law, anti-corruption, public law, institutional multiplicity (1)
- Bureaucracy (1)
- Businesswomen (1)
- CFPOA (1)
- Canada. Corruption of Foreign Public Officials Act (1)
- Canadian Charter of Rights and Freedoms, freedom of expression, copyright, Canada, Copyright Act, copyright term extension, constitutional law, intellectual property (1)
- Charter dialogue (1)
- China (1)
- Citizenship (1)
- Constitutional Amendment, Constitutional Conventions, Constitution of Canada, Referendum, Jennings Test, Patriation Reference, Secession Reference, Senate Reform Reference, Charlottetown Accord, Meech Lake Accord (1)
- Corporate Governance (1)
- Corporate governance, Corporate law, Securities law, Corruption, Risk management, class actions, transnational law (1)
- Corruption (1)
- Development Banks (1)
- Directors of Corporations--Salaries, etc. (1)
- Dispute resolution, conflict resolution, process design, transitional justice, truth and reconciliation, reconciliation, psychology, trauma, emotional and psychological support, victim, perpetrator (1)
- Egypt (1)
- Empirical Research (1)
- Environmental law, rule of law, discretion, emergency, separation of powers, ecosystems, ecosystem management, adaptive management, Crown prerogative (1)
- Executives--Salaries, etc. (1)
Articles 1 - 30 of 44
Full-Text Articles in Law
Reconsidering Copyright's Constitutionality, Graham Reynolds
Reconsidering Copyright's Constitutionality, Graham Reynolds
Osgoode Legal Studies Research Paper Series
In 1996, in Compagnie Générale des Établissements Michelin – Michelin & Cie v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) (Michelin), Teitelbaum J. of the Federal Court (Trial Division) held both that specific provisions of the Copyright Act did not infringe the right to freedom of expression as protected under the Canadian Charter of Rights and Freedoms (Charter) and that, even if they did, these provisions could be justified under s. 1 of the Charter. Since Michelin, these conclusions have been treated by Canadian courts as settled. The purpose of this paper is to challenge these …
Cosmopolitanism, Custom And Complexity: Kant's Cosmopolitan Norms In Action, Tracey Leigh Dowdeswell
Cosmopolitanism, Custom And Complexity: Kant's Cosmopolitan Norms In Action, Tracey Leigh Dowdeswell
Osgoode Legal Studies Research Paper Series
Immanuel Kant's Cosmopolitanism has come to stand alongside Political Realism and Liberal Internationalism as one of three broad theories of ethics in international relations. Yet Cosmopolitanism has been subjected to criticisms that the universal norms identified by Kant - including such norms as hospitality, reciprocity, and publicity (transparency and free political participation) - are Western and Eurocentric in nature, incompatible with cultural pluralism, and lack the justification and legitimacy for the broad-based consensus required for a Cosmopolitan politicalsphere to emerge among the world’s diverse peoples. This paper seeks to address these criticisms of Cosmopolitanism by studying examples of Cosmopolitan norms …
Lessons From Washington And Colorado: The Potential Financial Gains Of Recreational Marijuana To Canada, Nachshon Goltz, Ekaterina Bogdanov
Lessons From Washington And Colorado: The Potential Financial Gains Of Recreational Marijuana To Canada, Nachshon Goltz, Ekaterina Bogdanov
Osgoode Legal Studies Research Paper Series
While Colorado and Washington are among the jurisdictions spearheading the global trend towards legalization of recreational Cannabis (marijuana), Canada lags behind in the regulatory process - but not in Cannabis consumption. An empirical study conducted in downtown Toronto, as well as studies done by Statistics Canada, reveal that Cannabis use is widespread among Canadians, which indicates that the current regulatory regime is not effective as a deterrent.
This paper details the results of the above-mentioned empirical study, reviews the regulatory framework of recreational Cannabis use in Colorado, Washington and Canada, and uses taxation data from Colorado to estimate the potential …
Banning Bribes Abroad: U.S. Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman
Banning Bribes Abroad: U.S. Enforcement Of The Foreign Corrupt Practices Act, Ellen Gutterman
Osgoode Legal Studies Research Paper Series
The United States has been at the forefront of international efforts to combat corruption in the global economy for almost forty years, chiefly through its Foreign Corrupt Practices Act (FCPA). Over the past decade, US enforcement of the FCPA has surged - both in increased numbers of enforcement actions and through the application of increasingly expansive interpretations of jurisdiction through which to enforce the FCPA on an extraterritorial basis. On one hand, extraterritorial enforcement of the FCPA has promoted anti-corruption policies and the banning of bribes abroad. At the same time, three aspects of FCPA enforcement shape and constrain the …
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten
Osgoode Legal Studies Research Paper Series
We collected data on the size and wealth of the foreign investors that have brought claims and received compensation due to ISDS. Our main findings are that the beneficiaries of ISDS, in the aggregate, have overwhelmingly been companies with more than USD1 billion in annual revenue – especially extra-large companies with more than USD10 billion – and individuals with more than USD100 million in net wealth. ISDS has produced monetary benefits primarily for those companies or individuals at the expense of respondent states. Incidentally, we also found that extra-large companies’ success rates in ISDS, especially at the merits stage, exceeded …
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Steven J. Hoffman, Lorne Sossin
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Steven J. Hoffman, Lorne Sossin
Osgoode Legal Studies Research Paper Series
Adjudicative tribunals play an important role in the health sector yet their actual influence, as part of the health system, remains undetermined. Most of the studies that have evaluated their work have focused on measures of accountability and independence, rather than the indicators of societal impact. As efforts to reform health systems continue internationally, it is crucial that we understand the benefits and costs of adjudicative tribunals for providers and consumers of heath. In this regard, empirically evaluating the impact of adjudicative tribunals will help inform policymaking through the collection of objective data. A strong and accountable health care system …
Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten
Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten
Osgoode Legal Studies Research Paper Series
In November 2015, the European Commission released a proposed text on foreign investor protection in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this paper, I outline key flaws in this proposal, including language buried in the text that significantly undermines the EC's proposed provisions on the investment court system (ICS) and on the right to regulate.
Will It Ever Be 50/50?: Diversity And Gender In The Law Firm And On Corporate Boards, Kathleen Killin
Will It Ever Be 50/50?: Diversity And Gender In The Law Firm And On Corporate Boards, Kathleen Killin
Osgoode Legal Studies Research Paper Series
Today, women account for 50% of graduates from university programs in Canada and abroad. Traditional gender roles are a growing “thing of the past” with women taking on more responsibility and leadership positions within law and business. However, a gap still remains between the sexes in partner track and directorships. This paper explores regulatory bodies, both in law and finance, which have voiced for change and sparked conversation to bridge this gap. As one will find, major successes have occurred in recent years, however a commitment must be maintained in order to continue to advance gender diversity in law and …
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel
Islamic Law And Constitution-Making: The Authoritarian Temptation And The Arab Spring, Mohammad Fadel
Osgoode Legal Studies Research Paper Series
The political dynamics that have characterized post-Mubarak Egypt have often been understood to be a battle between "religious" forces, represented by the Muslim Brotherhood and its supporters, and "secularist" forces, represented by a diverse group of civil society actors. Opposition of this latter group to the "religious" politics of the Muslim Brotherhood is therefore understood to be the primary cause of the events that led to the July 3, 2013 military coup that overthrew Egypt's only freely elected President, Mohammed Morsi. Without denying the salience of a religious-secularist divide in Egypt, this narrative of post-Mubarak politics fails to appreciate the …
Investment Treaties And The Internal Vetting Of Regulatory Proposals: A Case Study From Canada, Gus Van Harten, Dayna Nadine Scott
Investment Treaties And The Internal Vetting Of Regulatory Proposals: A Case Study From Canada, Gus Van Harten, Dayna Nadine Scott
Osgoode Legal Studies Research Paper Series
In this paper, we report findings on whether trade and investment agreements that allow for investor-state dispute settlement (ISDS) contribute to regulatory chill. The study focused on whether ISDS contributed to changes in internal vetting of government decisions related to environmental protection in the province of Ontario, Canada. Our main source of information was confidential interviews with insiders, mostly current or former officials in ministries with an environmental or trade mandate. We aimed to advance understanding of litigation risk and government decision-making with a focus on ISDS.
Everyday Legal Problems And The Cost Of Justice In Canada: Overview Report, Trevor C. W. Farrow, Ab Currie, Nicole Aylwin, Lesley Jacobs, David Northrup, Lisa Moore
Everyday Legal Problems And The Cost Of Justice In Canada: Overview Report, Trevor C. W. Farrow, Ab Currie, Nicole Aylwin, Lesley Jacobs, David Northrup, Lisa Moore
Osgoode Legal Studies Research Paper Series
Law and legal problems are part of everyday life. If you have ever been harassed at work, unfairly fired or evicted, divorced, not received support payments, disputed a will or a cell phone contract, or had your credit rating challenged, you may have already experienced one of these types of everyday legal problems. If so, you are not alone. Almost half (48.4%) of Canadians over 18 will experience at least one civil or family justice problem over any given three-year period. Even though many Canadians do not understand, feel connected to or welcomed by the justice system, essentially all of …
Payment Law: Legislative Competence In Canada, Benjamin Geva
Payment Law: Legislative Competence In Canada, Benjamin Geva
Osgoode Legal Studies Research Paper Series
This article addresses the legislative competence in Canada in relation to regulatory and transactional aspects of payment of law. Setting out the parameters of "payment law", the article examines the federal legislative powers in relation to bills and notes as well as baking, in broader constitutional and historical context, and argues for federal jurisdiction. A possible legislative role for the provinces is also discussed.
Have We Legalized Corruption?: The Impacts Of Expanding Municipal Authority Without Safeguards In Toronto And Ontario, Stanley Makuch, Maathew Shuman
Have We Legalized Corruption?: The Impacts Of Expanding Municipal Authority Without Safeguards In Toronto And Ontario, Stanley Makuch, Maathew Shuman
Osgoode Legal Studies Research Paper Series
This article discusses the importance of rule of law values such as predictability, certainty, equality, and procedural safeguards in controlling corruption at the municipal level of government and how those values are being replaced by political and economic values such as efficiency, discretion, responsiveness, and need. Particular attention is placed on how this change in values may lead to corruption and the abuse of power in planning and other decisions made by municipal governments.
‘By The Court’: The Untold Story Of A Canadian Judicial Innovation, Peter Mccormick
‘By The Court’: The Untold Story Of A Canadian Judicial Innovation, Peter Mccormick
Osgoode Legal Studies Research Paper Series
The Supreme Court of Canada has for several decades used an anonymous and unanimous decision format – ‘By the Court’ – for a subset of its constitutional decisions; although some of the specific cases (such as the Quebec Secession Reference) have been closely examined, the practice itself has never received focused consideration. This article establishes a chronology, an inventory, and a typology for the Supreme Court’s ‘By the Court’ judgments, and concludes by suggesting that it use has become more frequent under the current Chief Justice.
Indigenous Territorial Rights In The Common Law, Kent Mcneil
Indigenous Territorial Rights In The Common Law, Kent Mcneil
Osgoode Legal Studies Research Paper Series
This chapter compares Indigenous territorial rights in the United States, Canada, Australia and New Zealand thematically under four headings: the sources, nature and content, proof, and protection of Indigenous rights. The first two are closely linked, as the nature and content of Indigenous rights are determined largely by their sources. Likewise, proof of Indigenous rights also depends on their sources. The protection they are accorded in any particular nation-state depends mainly on its constitution, with recent additional protection emerging in international law. The major premise of the chapter is that Indigenous rights are territorial, encompassing real property rights and governmental …
Designing Emotional And Psychological Support Into Truth And Reconciliation Commissions, Verlyn F. Francis
Designing Emotional And Psychological Support Into Truth And Reconciliation Commissions, Verlyn F. Francis
Osgoode Legal Studies Research Paper Series
Truth and reconciliation commissions are a dispute resolution process used to attempt reconciliation of disputants after internal conflicts and civil wars. A large component of this transitional justice process involves truth-telling by perpetrators and victims.
Using the example of the South African Truth and Reconciliation Commission, this article argues that successful reconciliation depends on the design of the process. It is important for the designers of conflict resolution process to balance individual and institutional interests while ensuring all stakeholders are at the design table. Since truth-telling in these circumstances usually involves recalling and testifying about traumatic events, it is important …
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey D. Carson, Izabela Correa
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey D. Carson, Izabela Correa
Osgoode Legal Studies Research Paper Series
In Brazil’s battle against corruption over the past two decades, there has been significant progress related to systems of oversight and investigation, but very little progress in holding corrupt actors legally accountable for their transgressions. We suggest that until very recently this could be partially explained by the fact that there was institutional multiplicity (i.e. duplication of functions) in oversight and investigative institutions, while at the punishment stage, a single and underperforming institution — the judiciary — exercised monopolistic authority. To circumvent the limits associated with Brazilian courts, the government is increasingly relying on administrative sanctions for corruption. It is …
Contested Citizenship In Bosnia And Herzegovina, Elena Cirkovic
Contested Citizenship In Bosnia And Herzegovina, Elena Cirkovic
Osgoode Legal Studies Research Paper Series
According to Article 15 of the Universal Declaration of Human Rights (UDHR), the right to nationality and citizenship can be considered as a universal human right: ‘(1) everyone has the right to nationality’ and ‘(2) no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality’. However, the qualifications of the bearer of ‘universal’ rights are unspecified. Equating nationality with citizenship has contributed to a situation where people(s) have to fit the category of being a ‘national’ in order to obtain citizenship. The question of access to national and international rights remains the question …
A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey
A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey
Osgoode Legal Studies Research Paper Series
Climate change will dramatically affect labor markets, but labor law scholars have mostly ignored it. Environmental law scholars are concerned with climate change, but they lack expertise in the complexities of regulating the labor relationship. Neither legal field is equipped to deal adequately with the challenge of governing the effects of climate change on labor markets, employers, and workers. This essay argues that a legal field organized around the concept of a 'just transition' to a lower carbon economy could bring together environmental law, labor law, and environment justice scholars in interesting and valuable ways. "Just transitions" is a concept …
Conservatives, The Supreme Court, And The Constitution: Judicial-Government Relations, 2006-15, Christopher P. Manfredi
Conservatives, The Supreme Court, And The Constitution: Judicial-Government Relations, 2006-15, Christopher P. Manfredi
Osgoode Legal Studies Research Paper Series
Three high profile government losses in the Supreme Court in late 2013 and early 2014, combined with the government’s response to those losses, generated a narrative of an especially fractious relationship between the Conservative government of Prime Minister Stephen Harper and the Court. This article analyzes this narrative more rigorously by going beyond a mere tallying of government wins and losses in the Court. Specifically, it examines Charter-based invalidations of federal legislation since 2006, three critical reference opinions rendered at the government’s own request, and two key judgments delivered in the spring of 2015 concerning aboriginal rights and the elimination …
From Paper To Electronic Order: The Digitalization Of The Check In The Usa, Benjamin Geva
From Paper To Electronic Order: The Digitalization Of The Check In The Usa, Benjamin Geva
Osgoode Legal Studies Research Paper Series
This article explores the various stages in the check payment in which electronic transmission has replaced physical delivery. Part I discusses converting the check into an electronic entry at a point of sale of goods and services. Part II addresses the electronic presentment of a check. Part III deals with the possible conversion of the check from paper to electronic, and vice versa, within the interbank check collection system. Interbank exchange of check images is the subject of Part IV. Part V addresses the electronic order that operates like a check but that has never been in a paper format. …
The ‘Objectives’ And ‘Principles’ Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
The ‘Objectives’ And ‘Principles’ Of The Wto Trips Agreement: A Detailed Anatomy, Alison Slade
Osgoode Legal Studies Research Paper Series
Articles 7 and 8 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) are entitled ‘Objectives’ and ‘Principles’ respectively. These provisions occupy a prominent position within the text of the Agreement, yet have figured sparingly in the legal reasoning of the WTO Dispute Settlement Body (DSB). The illogical nature of this discrepancy is accentuated when considered in light of four key factors. First, the pioneering step taken by the negotiators of the TRIPS Agreement to include broad declarations of intent within the legally operative text. Second, the 2001 reinforcement given to the authority of these provisions through …
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Osgoode Legal Studies Research Paper Series
The authors argue that while both Multilateral Development Banks (MDBs) and national governments have mechanisms to fight corruption, the outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction Small and Medium Enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. The article examines the enforcement objectives articulated in national legislation, namely the American Foreign and Corrupt Practices Act and its Canadian counterpart (the CFPOA) as well as several Canadian cases, on the one hand, and …
Consult, Consent And Veto: International Norms And Canadian Treaties, Shin Imai
Consult, Consent And Veto: International Norms And Canadian Treaties, Shin Imai
Osgoode Legal Studies Research Paper Series
Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the creation of small reserves for the Indians, and the “surrender” of the remaining tracts of land to the Crown. The land that is “surrendered” continues to be available for Indigenous hunting, fishing and harvesting activities. However, once the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement, the treaty rights to hunt, fish and …
Is The Death Of The Paper Cheque Upon Us?: The Electronic Presentment And Deposit Of Cheques In Canada, Benjamin Geva
Is The Death Of The Paper Cheque Upon Us?: The Electronic Presentment And Deposit Of Cheques In Canada, Benjamin Geva
Osgoode Legal Studies Research Paper Series
Over the years, banks have been introducing automation to their own respective cheque collection podecures. Particularily, interbank facilities and large institutions have developed automated systems using cutting age technology in which very little is done manually and at the branch level.
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Osgoode Legal Studies Research Paper Series
This article deals with the question whether the jurisprudence of Nigeria’s appellate courts has helped advance or impede the struggles of the poor to assert their human rights in the country. The article begins by defining, delimiting, and situating the concepts “struggle” and “human rights as struggle.” It then moves on to identify and discuss the factors that make the struggles that the poor and the subaltern must wage to realize their human rights a tough one. Following this discussion, the article turns its attention to its main focus, i.e., an analytical examination of the ways in which the corpus …
Book Review: Joseph Rikhof, The Criminal Refugee: The Treatment Of Asylum Seekers With A Criminal Background In International And Domestic Law, Angus Gavin Grant
Book Review: Joseph Rikhof, The Criminal Refugee: The Treatment Of Asylum Seekers With A Criminal Background In International And Domestic Law, Angus Gavin Grant
Osgoode Legal Studies Research Paper Series
Book Review of Joseph Rikhof, The Criminal Refugee: The Treatment of Asylum Seekers with a Criminal Background in International and Domestic Law.
Electronic Verification Of Wire Payment Orders, Benjamin Geva
Electronic Verification Of Wire Payment Orders, Benjamin Geva
Osgoode Legal Studies Research Paper Series
Over the years, albeit less so in connection with consumer accounts, the bank's absolute liability became subject to exceptions. Particularly, bypassing a classical text explicitly to the contrary, it had been recognized that a customer's fault can lead to the forgery of the customer's own signature and hence to forgery losses.
The Conventions Of Constitutional Amendment In Canada, Richard Albert
The Conventions Of Constitutional Amendment In Canada, Richard Albert
Osgoode Legal Studies Research Paper Series
Commentators have suggested that the unsuccessful national referendum to ratify the 1992 Charlottetown Accord has created an expectation of popular participation requiring national referendal consultation in major reforms to the Constitution of Canada. In this Article, I inquire whether federal political actors are bound by a constitutional convention of national referendal consultation for formal amendments to the basic structure of the Constitution of Canada. Drawing from the Supreme Court of Canada’s Patriation Reference, I suggest that we cannot know whether federal political actors are bound by such a convention until they are confronted with the question whether or not to …
Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron
Osgoode Legal Studies Research Paper Series
Thomas Healy’s The Great Dissent re-treads the familiar story of US Supreme Court Justice Holmes’s First Amendment conversion between March and November 1919, when he launched his marketplace of ideas theory and strong-form version of the clear and present danger doctrine. Healy’s book demonstrates that fresh perspectives on this vital and ever-intriguing change of mind or transformation on Holmes’s part remain possible. The review offers its own perspective by highlighting the process of “reverse mentoring” which took place, in which the older jurist was mentored on free speech issues by the emerging thought leaders of the day – Laski, Frankfurter, …