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- Business norms; certification; contracts; contract enforcement; corporate social responsibility; global governance; globalization; incomplete contracts; ISO; ISO 9000; law and development; norms transmission; outsourcing; rule of law; supply chains; theory of the firm; third-party assurance (1)
- Canada; Taxation; Rule of law; Access to justice; Provincial sales tax; Legal services; Canadian Charter of Rights and Freedoms (1)
- Police; independence; colourability; colorability; discretion; managerialism; rule of law (1)
- Terrorism; rule of law; overbreadth; constitution; vagueness; racial profiling (1)
Articles 1 - 4 of 4
Full-Text Articles in Rule of Law
The Supreme Court Of Canada Crumbles Mr. Christie's Cookie, Anthony F. Sheppard
The Supreme Court Of Canada Crumbles Mr. Christie's Cookie, Anthony F. Sheppard
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In British Columbia (Attorney General) v. Christie, 2007 SCC 21, [2007] 1 SCR 873, the unanimous full bench of the Supreme Court of Canada upheld a provincial sales tax ("PST") on legal services, rejecting a Charter challenge and overturning the lower courts' decisions that partially invalidated the tax. The taxpayer, a lawyer practising poverty law in British Columbia, challenged the validity of a provincial sales tax charging 7 percent on fees billed for legal services and payable on billing. The PST on legal services required lawyers and notaries public in private practice to add the tax onto their billings. The …
Criminal Jumping On And Off The Curb - Discretion And The Idea Of An Impartial And Independent Police Force, W. Wesley Pue
Criminal Jumping On And Off The Curb - Discretion And The Idea Of An Impartial And Independent Police Force, W. Wesley Pue
All Faculty Publications
This paper presents a commentary on the idea of independence of the police, arguing that notions of independence are complicated considerably when the reality of police discretion is taken into account. The notion of colourability is identified as central (where goals not unlawful in themselves are pursued for unlawful reasons - eg. to vicitimize one's political foes) as is the possibility of police powers being deployed lawfully in the strict sense, but in a fashion that is nonetheless constitutionally improper.
Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin
Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin
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In this article we examine the rapid emergence and expansion of a private-sector compliance and enforcement infrastructure that we believe may increasingly be providing a substitute for public and legal regulatory infrastructure in global commerce, especially in developing countries where rule of law is weak and court systems are absent or inadequate. This infrastructure is provided by a proliferation of performance codes and standards, and a rapidly-growing global army of privately-trained and authorized inspectors and certifiers that we call the "third-party assurance industry." The growth in the third party assurance business has been phenomenal in the last decade. The business …
The Problem Of Official Discretion In Anti-Terrorism Law: Comment On Khawajah, W. Wesley Pue, Robert Russo
The Problem Of Official Discretion In Anti-Terrorism Law: Comment On Khawajah, W. Wesley Pue, Robert Russo
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This paper assesses the first judicial ruling on key provisions of the Anti Terrorism Act. Rutherford J.'s ruling struck down provisions creating a motive requirement in the definition of terrorist activity while upholding the overall structure of the act against challenges on the basis of overbreadth and vagueness. A fault-line divides the two sides of the ruling. On one side the court looked to the lived-experience of legal rules, concluding that including motive requirements would mislead officials in the direction of improper and unconstitutional racial or religious profiling. On the other side of the fault-line the court restricted itself to …