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Articles 1 - 26 of 26
Full-Text Articles in Law
Weather, Leather, And The Obligation To Disclose: Kerr V. Danier Leather Inc., Anita Anand, Mary Condon
Weather, Leather, And The Obligation To Disclose: Kerr V. Danier Leather Inc., Anita Anand, Mary Condon
Osgoode Hall Law Journal
Is an issuer legally obliged to update its prospectus if a material event occurs following the receipt for the prospectus but prior to the closing of the offering? This is the crucial issue that is addressed in Kerr v. Danier Leather Inc., a case that has been heard at the trial and appeal levels in Ontario and that will be heard in 2007 by the Supreme Court of Canada. In this commentary, we argue that the Court of Appeal decision in the case overlooked crucial aspects of contemporary securities law and policy in holding that there is no obligation to …
Fragmenting Work And Fragmenting Organizations: The Contract Of Employment And The Scope Of Labour Regulation, Judy Fudge
Osgoode Hall Law Journal
This article diagnoses the conceptual and normative crisis of the scope of labour protection as resulting from the conception of employment as a personal and bilateral contract between an employee and a unitary employer that is characterized by the employee's subordination. It argues that the related fragmentation of organizations and fragmentation of work reveals the extent of the problem with this legal conceptualization of employment. The article offers an approach to reconceptualizing the scope of labour protection that is based on an understanding of personal work arrangements and enterprises as activities. It justifies this approach in terms of the goals …
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
In The (Canadian) Shadow Of Islamic Law: Translating Mahr As A Bargaining Endowment, Pascale Fournier
Osgoode Hall Law Journal
This article addresses the dilemmas of Muslim women living in Canada as they negotiate between the constitutional and juridical systems of the dominant society, on the one hand, and the Muslim community, on the other. It will examine the ideological assumptions about law and multiculturalism that have worked to depoliticize the stakes of law in Marion Boyd's report, Protecting Choice, Promoting Inclusion. With the Islamic institution of mahr in the background, this article suggests a methodology to evaluate the costs and benefits of abstract legal rules as they are actually used by the parties in the "shadow of the law" …
Institutional Oversight Of Clinical Trials And The Drug Approval Process, Paul B. Miller
Institutional Oversight Of Clinical Trials And The Drug Approval Process, Paul B. Miller
Osgoode Hall Law Journal
The institutional and federal bodies responsible for regulatory review and oversight of clinical trials in Canada serve distinct yet complementary functions in ensuring that clinical trials provide scientifically rigorous and ethically sound evaluation of new therapeutic products. To date, academics and reformers alike have discussed reform priorities for federal and institutional review in isolation, as if their guiding purposes are distinct. This article identifies the overlapping objectives of federal and institutional review, argues for the importance of coordination of institutional and federal oversight structures, and identifies potential points of coordination.
The Serendipitous Solution To The Problem Of Supreme Court Appointments, Peter Mccormick
The Serendipitous Solution To The Problem Of Supreme Court Appointments, Peter Mccormick
Osgoode Hall Law Journal
No abstract provided.
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Osgoode Hall Law Journal
It can be argued that the exercise of solo dissent on the Supreme Court of Canada is judicial disagreement at its apex-a single judge sitting on the highest court in the nation breaking away from his or her colleagues who have purportedly "gotten it wrong." By examining the practice of solo dissent in the Supreme Court of Canada over the last three decades, this research note provides insight into this unique form of judicial disagreement. Through construction of a typology of solo dissents, and by providing answers to important questions, such as how often judges render solo dissents and whether …
Appointment Of Justice Marshall Rothstein To The Supreme Court Of Canada, Peter W. Hogg
Appointment Of Justice Marshall Rothstein To The Supreme Court Of Canada, Peter W. Hogg
Osgoode Hall Law Journal
Peter Hogg, a constitutional law scholar, was retained by the Commissioner for Federal Judicial Affairs to provide advice to the Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada as to its procedures. His account of the public hearing provides an insider's viewpoint of the historic process undertaken for the appointment of Justice Rothstein. His opening remarks to the committee, appended to this commentary, set out the parameters of questioning for the hearing, but raise additional questions with regard to the appropriate limits of judicial speech.
Freedom Of The City: Canadian Cities And The Quest For Governmental Status, Ron Levi, Mariana Valverde
Freedom Of The City: Canadian Cities And The Quest For Governmental Status, Ron Levi, Mariana Valverde
Osgoode Hall Law Journal
Until recently, Canadian cities were limited to the legal powers explicitly prescribed by provinces (the U.S.-based Dillon's Rule). Despite much talk about a "new deal for cities," recent changes to municipal legislation do little to empower municipalities to define and govern local problems, although courts appear somewhat willing to expand the scope of cities' authority. Through two case studies involving the City of Toronto, we demonstrate that even after the overhaul of provincial municipal acts, cities still lack the necessary legal tools and the legal flexibility to respond to pressing urban needs.
Harmonizing Unfair Commercial Practices Law: The Cultural And Social Dimensions, Thomas Wilhelmsson
Harmonizing Unfair Commercial Practices Law: The Cultural And Social Dimensions, Thomas Wilhelmsson
Osgoode Hall Law Journal
This article discusses, in light of the European experience concerning harmonization of unfair commercial practices law, the impact of social, cultural, and linguistic variations on the possibility of harmonizing or transplanting rules on commercial communications to consumers. Empirical research on national variations in consumers' responses to advertising and other marketing is used to create a typology of cases in which cultural factors should be taken into account when assessing a commercial practice from a consumer point of view. Differences between countries with regard to consumers' trust, understandings, rationality patterns, decision-making behaviour, values, and preferences are discussed as relevant cases. The …
A New Era In The Selection Of Supreme Court Judges?, Jacob Ziegel
A New Era In The Selection Of Supreme Court Judges?, Jacob Ziegel
Osgoode Hall Law Journal
No abstract provided.
Parliamentary Scrutiny Of Supreme Court Nominees: A View From The United Kingdom, Kate Malleson
Parliamentary Scrutiny Of Supreme Court Nominees: A View From The United Kingdom, Kate Malleson
Osgoode Hall Law Journal
No abstract provided.
The South African Judicial Appointments Process, Penelope E. Andrews
The South African Judicial Appointments Process, Penelope E. Andrews
Osgoode Hall Law Journal
No abstract provided.
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Fallout From Chaoulli: Is It Time To Find Cover?, Joan M. Gilmour
Osgoode Hall Law Journal
This article examines the implications of the decision in Chaoulli v. Quebec (A.G.) for Canadian health policy. The author assesses whether governments are likely to strengthen medicare, given past performance and the exit option Chaoulli presents. The article analyzes the consequences of increasing private care and private insurance, concluding this will diminish the publicly funded system. It contrasts Chaoulli -with courts' dismissals of claims for Charter protection of minimal social and economic security, despite the profound effects of the latter on health status. It concludes by noting Chaoulli is one more example of the increasing prevalence of discourse normalizing privatization …
"The Last Line Of Defence For Citizens": Litigating Private Health Insurance In Chaoulli V. Quebec, Christopher P. Manfredi, Antonia Maioni
"The Last Line Of Defence For Citizens": Litigating Private Health Insurance In Chaoulli V. Quebec, Christopher P. Manfredi, Antonia Maioni
Osgoode Hall Law Journal
Litigating health care policy under the Canadian Charter of Rights and Freedoms has become an increasingly common phenomenon. The judicialization of health policy in this form raises important questions about the general phenomenon of legal mobilization. This article examines these questions in the context of Chaoulli v. Quebec (2005), in which the Supreme Court invalidated Quebec's prohibition against private insurance for medical services provided through the public health care system. Among the questions this article explores are: How do such cases get into the judicial system? Under what conditions are such claims likely to be successful? What is the impact …
Chaoulli's Legacy For The Future Of Canadian Health Care Policy, Colleen M. Flood
Chaoulli's Legacy For The Future Of Canadian Health Care Policy, Colleen M. Flood
Osgoode Hall Law Journal
In Chaoulli, the majority of the Supreme Court of Canada struck down a Quebec law that prohibited the purchase of private health insurance for essential hospital and physician services. The majority found it to be in breach of the Quebec Charter of Human Rights and Freedoms. The Court was split 3-3 on whether it was also in breach of the Canadian Charter of Rights and Freedoms. The decision was initially considered of limited importance by many given that technically it applied only to Quebec. In the six months since the decision was released, however, it has become clear that the …
Canada's Supreme Court And Its National Health Insurance Program: Evaluating The Landmark Chaoulli Decision From A Comparative Perspective, Theodore R. Marmor
Canada's Supreme Court And Its National Health Insurance Program: Evaluating The Landmark Chaoulli Decision From A Comparative Perspective, Theodore R. Marmor
Osgoode Hall Law Journal
This article proceeds in three modes. The first briefly characterizes my reactions to the Chaoulli decision in June 2005 as a policy analyst and one of the experts in the Quebec trial testifying on behalf of Canada's Attorney General. The second part discusses some of the commentaries of others in connection with this decision. The third-and the main section-deals with the Court majority's use of international evidence in arriving at its decision and argues that the approach taken violated almost every scholarly standard for competent, cross-national policy analysis.
"The Last Line Of Defence For [Which?] Citizens": Accountability, Equality, And The Right To Health In Chaoulli, Martha Jackman
"The Last Line Of Defence For [Which?] Citizens": Accountability, Equality, And The Right To Health In Chaoulli, Martha Jackman
Osgoode Hall Law Journal
This article explores the legal and health policy significance of the Supreme Court of Canada's decision in Chaoulli c. Ouebec (Procureur general). Through an in-depth examination of the judgments in the case, the author suggests that the majority's approach to the evidentiary, section 7, and remedial issues raised negates the potential of Charter review as a mechanism for promoting accountability and substantive equality in the health care context. The article goes on to consider the longer-term implications of the decision, including the likely impact of Chaoulli on the health rights of people living in poverty and on the evolution of …
Without Harry, Allan C. Hutchinson
The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb
The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb
Osgoode Hall Law Journal
This article revisits Law and Learning, the 1983 Report of the Consultative Committee on Research and Education in Law, chaired by Harry Arthurs. The Arthurs Report set an ambitious agenda which sought, through the reform of legal education and scholarship, the cultivation of a "humane professionalism." That it met with limited success reflects a number of systemic problems with legal education, and the Report's own failure to address some critical issues, notably legal pedagogy. Nevertheless, the article argues that in the context of today's increasingly complex, pluralistic, and globalized environment, the law schools need humane professionalism more than ever. It …
The Law School, The Profession, And Arthurs' Humane Professionalism, Robert W. Gordon
The Law School, The Profession, And Arthurs' Humane Professionalism, Robert W. Gordon
Osgoode Hall Law Journal
No abstract provided.
Legal Pluralism And Human Agency, Jeremy Webber
Legal Pluralism And Human Agency, Jeremy Webber
Osgoode Hall Law Journal
Much legal-pluralist scholarship tends to naturalize "the law of the context," treating that law as though it were inherent in social interaction, emerging spontaneously, without conscious human decision. This view overstates the role of agreement in human societies and mischaracterizes the nature of law, including non-state law. All law is concerned with establishing a collective set of norms against a backdrop of normative disagreement, not agreement. It necessarily contains mechanisms for bringing contention to a provisional close, imposing a collective solution. This article presents a theory of legal pluralism that takes human disagreement seriously. The theory retains four themes crucial …
Human Rights And Transnational Culture: Regulating Gender Violence Through Global Law, Sally Engle Merry
Human Rights And Transnational Culture: Regulating Gender Violence Through Global Law, Sally Engle Merry
Osgoode Hall Law Journal
In the current era of human rights activism, the global production of human rights approaches to violence against women generates a wide variety of localization processes. Activists translate between global discourses and local contexts and meanings. Culture is conceptualized in quite different and sometimes contradictory ways in this process. Essentialized ideas of culture inhibit recognition of the potential contributions of local cultural practices and provide justifications for groups to resist these changes. This article shows, with reference to a case study of Fiji, that a more anthropological conception of culture provides a better picture of the localization process and foregrounds …
Patchwork Law Reform: Your Idea Is Good In Practice, But It Won't Work In Theory, Roderick A. Macdonald, Hoi Kong
Patchwork Law Reform: Your Idea Is Good In Practice, But It Won't Work In Theory, Roderick A. Macdonald, Hoi Kong
Osgoode Hall Law Journal
This article elaborates a conception of law reform that is pluralistic, interactional, non-formulaic, attentive to implicit normativity and not exclusively instrumental. It argues that law reform practice is always informed by theory. Where theory is inadequate, law reform practice is likely to result in a sub-optimal patchwork. An appropriate theory of law reform will have the following attributes. First, it will have a respect for human agency. This respect is made manifest in law reform on dimensions of form, substance, purpose, authority, mode, regime, sites, and system. Second, an adequate practice of law reform must attend to structural features of …
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Flexibilization, Globalization, And Privatization: Three Challenges To Labour Rights In Our Time, Katherine V. W. Stone
Osgoode Hall Law Journal
Three dynamics are coalescing to reshape labour relations in the twenty-first century in the United States: They are flexibilization, globalization, and privatization. Flexibilization refers to the changing work practices by which firms no longer use internal labour markets or implicitly promise employees lifetime job security, but rather seek flexible employment relations that permit them to increase or diminish their workforce, and reassign and redeploy employees with ease. Globalization refers to the increase in cross-border transactions in the production and marketing of goods and services that facilitates firm relocation to low labour cost countries. And privatization refers to the rise of …
Harry Arthurs And The Philosopher's Stone, Peer Zumbansen
Harry Arthurs And The Philosopher's Stone, Peer Zumbansen
Osgoode Hall Law Journal
No abstract provided.
Pluralism, Disagreement, And Globalization: A Comment On Webber's "Legal Pluralism And Human Agency", David Schneiderman
Pluralism, Disagreement, And Globalization: A Comment On Webber's "Legal Pluralism And Human Agency", David Schneiderman
Osgoode Hall Law Journal
No abstract provided.