Law and Politics Commons^™

Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs

Harry Arthurs

The lawmaking process has diffused substantially in the past years, resulting in an increasing maze of departmental subordinate legislation. This phenomenon has not been accompanied by a parallel development of controls resulting in complaints about "bureaucracy", red-tape, inaccessability, and poor draftsmanship, and in demands for review and control. Professor Arthurs recognizes the practical inevitability of the system, but discusses the present situation critically, suggesting reforms which might help to make the regulatory process more compatible with "participatory democracy".

“Mechanical Arts And Merchandise” Canadian Public Administration In The New Economy, Harry W. Arthurs

Harry Arthurs

The "New Economy", with its attendant trends and consequences, presents a number of distinct chal- lenges to Canadian public administration. The key features of the New Economy - changes in technol- ogy and the social organization of work, globalization and regional economic integration, and shifts in the boundary between the state and civil society - de- mand a reconsideration of the ways in which we have previously thought about bureaucracy, government, and the role of the interventionist state. These changes in our political economy have profoundly destabilized Canadian public administration and require us to find new ways to cope with …

Law, Politics And The Art Of The Possible, Gregory Sorbara, Edward J. Waitzer, Harry W. Arthurs, Mamdouh Shoukri, Barbara Hennick

Edward J. Waitzer

A special lecture and Q&A session with The Honourable Gregory Sorbara, MPP and former Ontario cabinet minister (BA ‘78, LLB ‘81, LLD ‘13). Greg Sorbara served in the Ontario legislature for 21 years as a Liberal MPP and held a series of senior posts in previous Liberal governments, including minister of colleges and universities, minister of consumer and commercial relations, and minister of finance. Greg also served as the Ontario Liberal Party’s campaign chair for three successful elections in 2003, 2007 and 2011. Greg is an alumnus of York University. Greg will be presented with the 2013 Hennick Medal for …

Discussion Of Christopher Kutz's 'Or 'Emet Lecture: Democratic Holy Wars, Christopher Kutz, Louis-Philippe Hodgson, François Tanguay-Renaud

François Tanguay-Renaud

Follow-up seminar on Christopher Kutz’s ‘Or ‘Emet Lecture, delivered on Thursday, February 16, 2012. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Louis-Philippe Hodgson, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.

Post Colonial Cosmopolitanism: Making Place For Nationalism, Rahul Roa, Robert Howse, Alice Maclachlan, François Tanguay-Renaud

François Tanguay-Renaud

Rahul Rao, School of Oriental & African Studies, University of London, expresses a number of dissatisfactions with the debate between cosmopolitanism and communitarianism in international normative theory.

Respondents: Robert Howse, New York University; Alice MacLachlan, York University, Philosophy.

Contra Politanism: Against The Moral Teleology Of Political Forms, Jacob T. Levy, Stefan Sciaraffa, François Tanguay-Renaud

François Tanguay-Renaud

Jacob T. Levy, Tomlinson Professor of Political Theory Professor of Political Science Associate member, Department of Philosophy, McGill University, talks about forms of political organization, moral purposes, and the influence of social technologies.

Respondent: Stefan Sciaraffa, McMaster University

Symposium - The Tokyo Round: It's Meaning And Effect, Introduction, Robert S. Strauss

Georgia Journal of International & Comparative Law

No abstract provided.

Deferred Action: Considering What Is Lost, Elizabeth Keyes

All Faculty Scholarship

This response to Professor Motomura considers what is lost through the elaboration of formally defined boundaries around prosecutorial discretion. Professor Motomura and others in this Issue rightly extol the many benefits of the President's November 2014 executive actions. While I share the view that those benefits are considerable, I believe a full accounting requires us to consider what gets lost in this process, including identification of the immigrants in the limbo space between the actions' prospective beneficiaries at the one end and those who are priorities for removal on the other. This Essay focuses on the cost that comes from …

Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)

Centre Institute for Public Policy Research (CIPPR)

The Latimer House Guidelines were written at the start of the new millennium some 11 years ago. After the Guidelines, other supporting documents have been churned out by the Commonwealth. The Guidelines present a framework for achieving separation of powers to enhance honesty, probity and accountability in government in Commonwealth countries. The outstanding question however is how well these guidelines do invoke Monsieur Baron de Montesquieu’s spirit in view of the current challenges faced by governments in Commonwealth countries? Do the guidelines present an effective framework for safeguarding democracy and the rule of law in the States concerned? These questions, …

Three Words And The Future Of The Affordable Care Act, Nicholas Bagley

Articles

As an essential part of its effort to achieve near universal coverage, the Affordable Care Act (ACA) extends sizable tax credits to most people who buy insurance on the newly established health care exchanges. Yet several lawsuits have been filed challenging the availability of those tax credits in the thirty-four states that refused to set up their own exchanges. The lawsuits are premised on a strained interpretation of the ACA that, if accepted, would make a hash of other provisions of the statute and undermine its effort to extend coverage to the uninsured. The courts should reject this latest effort …

Colonialism And Cold Genocide: The Case Of West Papua, Kjell Anderson

Genocide Studies and Prevention: An International Journal

Conventional understandings of genocide are rooted in the ‘Holocaust model’: intense mass killing directed at the immediate destruction of the group. Yet, such conceptions do not encompass cases of so-called “slow-motion” genocide, where the destruction of the group may occur over generations. The destruction of indigenous groups often follows such a pattern. This article examines the case of West Papua with a view to developing a new analytical model distinguishing high-intensity “hot” genocides, motivated by hate and the victims’ threatening nature, with low-intensity “cold genocides,” rooted in victims’ supposed inferiority.

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson

J.S. Nelson

New Modes In Old Orders: Crisis Government And The Written Constitution, Nomi Claire Lazar, Benjamin Berger

Benjamin L. Berger

Nomi Claire Lazar, Associate Professor, Facult of Social Sciences, University of Ottawa, explores the reasons for the evident contrast found in the American approach to prerogative power and the centrality of ‘writtenness’ in our understanding of constitutional government. Respondent: Benjamin Berger, Osgoode Hall Law School.

Predicting The Fallout From King V. Burwell - Exchanges And The Aca, Nicholas Bagley, David K. Jones, Timothy Stoltzfus Jost

Timothy S. Jost

The U.S. Supreme Court's surprise announcement on November 7 that it would hear King v. Burwell struck fear in the hearts of supporters of the Affordable Cara Act (ACA). At stake is the legality of an Internal Revenue Service (IRS) rule extending tax credits to the 4.5 million people who bought their health plans in the 34 states that declined to establish their own health insurance exchanges under the ACA. The case hinges on enigmatic statutory language that seems to link the amount of tax credits to a health plan purchased "through an Exchange established by the State." According to …

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Sital Kalantry

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …

Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia

Ahmed E SOUAIAIA

Syria's civil war is on a path to world war. Should Russia, like the Friends of Syria, take part in the military action in Syria and Iraq, the region will enter a new phase that could change the geopolitics of the region. However, Russia' military build up could force a political solution for a crisis that is impacting all many countries around the world.

Systemic Corruption In An Advanced Welfare State: Lessons From The Quebec Charbonneau Inquiry, Denis Saint-Martin

Osgoode Hall Law Journal

The Quiet Revolution in the 1960s propelled the province of Quebec onto the path of greater social justice and better government. But as the evidence exposed at the Charbonneau inquiry makes clear, this did not make systemic corruption disappear from the construction sector. Rather, corrupt actors and networks adjusted to new institutions and the incentive structure they provided. The patterns of corruption emerging from the Charbonneau inquiry bear the imprint of the so-called Quebec model inherited from the Quiet Revolution in at least three ways: (1) the economic nationalism that made public policies partial towards French-speaking and Quebec-based businesses, notably …

Clean Energy Federalism, Felix Mormann

Faculty Scholarship

Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and feed-in …

The Slow Demise Of Race Preference, Mark S. Brodin

Mark S. Brodin

This article traces the origins of affirmative action, its initial success, and the Reagan Administration's efforts to end it, which only recently have come to fruition with Fisher v. University of Texas and Shuette v. Coalition to Defend Affirmative Action.

Newsroom: Discussing Lawyers During Holocaust, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.