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Full-Text Articles in Law and Economics

Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson Jul 2020

Practising Law For Rich And Poor People: Towards A More Progressive Approach, Allan C. Hutchinson

Articles & Book Chapters

It is 50 years since Stephen Wexler’s essay, Practicing Law for Poor People, was published. By any reasonable measure, this has become and remains an iconic piece. Whether he is agreed with or disagreed with, Wexler’s arguments continue to define the terms of the debate about the proper role and responsibilities of those who practise law for poor people. Critics and jurists can be for or against Wexler’s account, but they cannot make serious headway without it. As such, Wexler’s essay deserves to be celebrated and showcased as it reaches its half-century milestone. However, his ideas and their informing assumptions …


Millennials In Crisis: Myth-Busting Millennial Debt Narratives, Stephanie Ben-Ishai, Tanner Stanley Oct 2017

Millennials In Crisis: Myth-Busting Millennial Debt Narratives, Stephanie Ben-Ishai, Tanner Stanley

Osgoode Hall Law Journal

Intense pop-cultural commentary on millennial finances and indebtedness perpetuates two conflicting narratives. One suggests that millennials are doomed and face higher debt levels than earlier generations, compounded by rising tuition costs, a lack of affordable housing, high costs of living, and an increasingly competitive job market. The contrary “millennial bootstrapping” narrative denies that millennials are more financially challenged than previous generations and argues that millennials need to pull themselves up their proverbial bootstraps and improve their work ethic to secure financial success. This article fact-checks these two narratives and fills a significant gap in the Canadian academic literature on the …


Canadian Civil Justice: Relief In Small And Simple Matters In An Age Of Efficiency, Jonathan Silver, Trevor C. W. Farrow Apr 2016

Canadian Civil Justice: Relief In Small And Simple Matters In An Age Of Efficiency, Jonathan Silver, Trevor C. W. Farrow

Articles & Book Chapters

Canada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in place across Canada to address this growing access to justice gap. In particular, this article explains the Canadian civil justice system and canvasses the procedures and programmes in place to make the justice system more efficient and improve access to justice in small and simple matters. Although this article does look briefly …


The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker Jan 1984

The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker

Articles & Book Chapters

The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …