Law Commons^™

The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades

Eric A. Kades

No abstract provided.

Forty Years Of Disability Policy In Legal Education And The Legal Profession: What Has Changed And What Are The New Issues, Laura Rothstein

Laura Rothstein

No abstract provided.

Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple

Noel Semple

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 …

Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears

David C. Brown

"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …

Why Have-Nots Win In The Hiv Litigation Arena: Socio-Legal Dynamics Of Extreme Cases, Jane Aiken, Michael Musheno

Michael Musheno

Focuses on extreme cases in which people with HIV (PWAs) win HIV-related disputes. Socio-legal explanation of how PWAs managed to win claims against insurance companies, government agencies and other institutional plaintiffs; Judicial preoccupation with PWAs as carriers of contagion; Shifting epidemiology of HIV in the United States.

Breaking Forever Families, Andrea B. Carroll

Andrea Beauchamp Carroll

No abstract provided.

Addressing The Tension Between Directors' Duties And Shareholder Rights - A Tale Of Two Regimes, Sean Vanderpol, Edward J. Waitzer

Edward J. Waitzer

There is a basic tension inherent in the regulation of corporations between the role to be played by boards and that to be played by shareholders. Boards have the statutory responsibility to manage the business and affairs of the corporation, and owe an express duty to act in the best interests of the corporation. Shareholders, however, are the ultimate ‘owners’ of the corporation, and have the ability to elect and remove directors. Canadian courts and securities regulators have long struggled with this tension in determining the roles to be played by each in transactions that pose the potential for conflicts …

Peoples, Bce, And The Good Corporate "Citizen", Edward J. Waitzer, Johnny Jaswal

Edward J. Waitzer

This article considers the use of various legal instruments to advance a more expansive but well-defined view of directors' duties and discretion--a view which focuses on the longer-term interests of the corporation. We begin with an attempt to clarify the nature of directors' statutory duties under Canadian corporate law. We then consider the recent decisions of the Supreme Court of Canada in Peoples Department Stores Inc. (Trustee of) v. Wise and BCE v. 1976 Debentureholders, in which the Court took a broad view of corporate purpose, but failed to provide clear logic or operational guidance as to consequential directorial responsibilities. …

Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer

Edward J. Waitzer

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 …

Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott

Dayna N. Scott

Osgoode Hall Law School Professor Dayna Scott employs the concept of "networked infrastructures" drawn from the literature in critical geography to reveal the environmental justice implications of the coast-to-coast crude oil network that is currently being contemplated in Canada. Her talk was delivered on January 30, 2013 as part of the Osgoode Faculty Research Seminar Series.

The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag

Sean Rehaag

This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …

The Legal Implications Of Commercializing Intellectual Property Rights, Giuseppina D'Agostino

Giuseppina D'Agostino

Giuseppina D'Agostino, an expert in intellectual property and technology law and an Associate Professor at Osgoode Hall Law School on IP law and commercialization.

The Grand Experiment Law And Legal Culture In British Settler Societies, Hamar Foster, Benjamin Berger, A. Buck

Benjamin L Berger

In the late nineteenth century, the English legal historians Frederick Pollock and F.W. Maitland coined the phrase "the grand experiment" to describe the spread of English law throughout the British Empire. For Pollock and Maitland, this was an unequivocally positive process that would uplift settler societies. The work of recent legal historians, however, has alerted us to the more complex impact English law had on the peoples, both settler and indigenous, of those colonial societies. This "new colonial legal history" has revealed subtle and more ambiguous understandings of "the grand experiment." The essays in this volume reflect the exciting new …

An Appraisal Of The Laws On Protection Of Environment In Nigeria, Murtala Murgan Ganiyu Murtala Ganiyu Murgan

murtala murgan ganiyu murtala ganiyu murgan

Industrialization has brought about severe consequences on our environment and our eco system as a whole, inform of pollution of the environment. There have been cases of air pollution emanating from gas flaring, severe water pollution emanating from discharge of petroleum wastes into the rivers, earth pollution and land degradation emanating from oil spillage with terrible consequences on human lives animals, aquatic lives, farm land and crops etc. In realization of dire consequences of industrialization and pollution, efforts have been made at international, regional and national levels to put up law and regulations that are aimed at protecting the environment. …

Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris

Jasmine Harris

No abstract provided.

The Dwindling Of Revlon, Lyman P.Q. Johnson, Robert Ricca

Lyman P. Q. Johnson

No abstract provided.

Scotus Short Title Turmoil: Time For A Congressional Bill Naming Authority, Brian Christopher Jones

Brian Christopher Jones

This past summer saw the U.S. Supreme Court’s landmark decision in United States v. Windsor, and while the case has generated copious amounts of commentary and scholarship, relatively little attention has been paid to the case’s discussion of bill short titles. Central to the case’s analysis was a dispute over the role of short titles in inferring legislative purpose, and given this dispute, this Remark will argue that it’s time for a Congressional bill naming authority to ensure sensible, descriptive bill names.

Violence And Social Repair: Rethinking The Contribution Of Justice To Reconciliation, Laurel E. Fletcher, Harvey M. Weinstein

Laurel E. Fletcher

This article explores limitations of international criminal trials that assign accountability for mass atrocities to individuals, and offers a model to understand the contribution of trials to social reconstruction. In the last decade, there has been a burgeoning interest in the question of how countries recover from episodes of mass violence or gross human rights violations. This interest has focused on the concept of transitional justice, a term used to describe the processes by which a state seeks to redress the violations of a prior regime. Despite the fact that military and political leaders who ordered or directed mass terror …

Personalized Bills As Commemorations: A Problem For House Rules?, Brian Christopher Jones

Brian Christopher Jones

The proliferation of personalized bills in Congress has occurred despite a prohibition on commemorations in the House of Representatives. This Essay provides a close examination of the wording behind the ban, especially the definition of “commemoration.” It uses examples from the Adam Walsh Child Protection and Safety Act of 2006 and other statutes to demonstrate how many contemporary personalized bills fall underneath the prohibition, and therefore should not be introduced or considered in the House.

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte

David Baluarte

No abstract provided.

Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich

Sharon Dolovich

The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …

Watching Justice Come Alive, Daniel Weiss, Donna M. Hughes Dr.

Donna M. Hughes

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Philip J. Nyhus

No abstract provided.