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Aboriginal Title And Indigenous Governance: Identifying The Holders Of Rights And Authority, Kent McNeil 2017 Osgoode Hall Law School of York University

Aboriginal Title And Indigenous Governance: Identifying The Holders Of Rights And Authority, Kent Mcneil

Kent McNeil

Aboriginal rights, including Aboriginal title to land, are communal rights that are vested in Indigenous collectivities that are connected to the specific Indigenous groups that occupied and used land prior to European colonization of Canada. Identifying the present-day collectivities that hold these rights is therefore essential. This research paper examines the jurisprudence on this matter in relation to three categories of court decisions: Aboriginal title cases, Aboriginal rights cases apart from title, and duty to consult cases. Analysis of the case law reveals that identification of current rights holders is treated as a matter of fact that depends in part ...


From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland 2017 Selected Works

From Jailbird To Jailbait: Age Of Consent Law And The Construction Of Teenage Sexualities, Kate Sutherland

Kate Sutherland

No abstract provided.


Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. McCamus 2017 Selected Works

Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus

John D. McCamus

No abstract provided.


Disgorgement For Breach Of Contract: A Comparative Perspective, John D. McCamus 2017 Selected Works

Disgorgement For Breach Of Contract: A Comparative Perspective, John D. Mccamus

John D. McCamus

No abstract provided.


Mechanisms For Restricting Recovery For Emotional Distress In Contracts, John D. McCamus 2017 Selected Works

Mechanisms For Restricting Recovery For Emotional Distress In Contracts, John D. Mccamus

John D. McCamus

No abstract provided.


Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi 2017 Osgoode Hall Law School of York University

Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi

Hengameh Saberi

This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated ...


The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs 2017 Osgoode Hall Law School of York University

The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs

Harry Arthurs

In this article, the author examines three visions of the future of law schools. The first vision is that they should focus on producing "practice ready lawyers" to meet the immediate needs of today's legal profession. The second is that law schools should focus on training "tomorrow's lawyers, "graduates who are able to adapt to a rapidly-changing world. The third insists that law schools are knowledge communities whose many functions include, but are not limited to, providing students with a large and liberal understanding of law that will prepare them for a variety of legal and non-legal careers ...


Challenges To The Citadel: A Brief Overview Of Recent Trends In Canadian Corporate Governance, Ronald J. Daniels, Edward J. Waitzer 2017 University of Pennsylvania

Challenges To The Citadel: A Brief Overview Of Recent Trends In Canadian Corporate Governance, Ronald J. Daniels, Edward J. Waitzer

Edward J. Waitzer

Politicians, bureaucrats, owners, managers and employees are becoming increasingly concerned with the capacity of Canadian corporations to survive and prosper in the twenty-first century. By and large, the attention focused on competitiveness has developed from the rapid international integration of goods, capital and service markets. This integration has resulted in the creation of a new borderless world, in which consumer preferences reign supreme and in which those corporations that fail to anticipate, shape and respond to these preferences with cost- and quality-competitive products face certain failure. Concern over the survival of national firms commands widespread societal attention because of the ...


Secular Humanism In Public School Textbooks: Thou Shalt Have No Other God (Except Thyself), B. Douglas Hayes 2017 Selected Works

Secular Humanism In Public School Textbooks: Thou Shalt Have No Other God (Except Thyself), B. Douglas Hayes

Douglas C. Hay

No abstract provided.


Biography: Eyre, Sir James (Bap. 1734, D. 1799), C. Douglas Hay 2017 Osgoode Hall Law School of York University

Biography: Eyre, Sir James (Bap. 1734, D. 1799), C. Douglas Hay

Douglas C. Hay

No abstract provided.


Biography: Ashhurst, Sir William Henry (1725–1807), C. Douglas Hay 2017 Osgoode Hall Law School of York University

Biography: Ashhurst, Sir William Henry (1725–1807), C. Douglas Hay

Douglas C. Hay

No abstract provided.


Biography: Le Blanc, Sir Simon (1748/9–1816), C. Douglas Hay 2017 Osgoode Hall Law School of York University

Biography: Le Blanc, Sir Simon (1748/9–1816), C. Douglas Hay

Douglas C. Hay

No abstract provided.


Trends In The Social [Ir]Responsibility Of American Multimational Corporations: Increased Power, Diminished Accountability, Cynthia A. Williams, John M. Conley 2017 York University

Trends In The Social [Ir]Responsibility Of American Multimational Corporations: Increased Power, Diminished Accountability, Cynthia A. Williams, John M. Conley

Cynthia A. Williams

The purpose of this invited essay is to assess the future of the CSR performance of American multinationals in light of several ongoing trends. These trends include companies’ voluntary CSR programs and the global self-regulatory standards for responsible company activities that are developing in almost every industry. Moreover, the decade-long project at the United Nations to identify multinational companies’ responsibilities with respect to international human rights, ultimately spearheaded by Special Representative John Ruggie, has for the first time established global expectations of responsible corporate activity. At the same time, however, legal developments in the United States may be trending in ...


Corporate Compliance With The Law In The Era Of Efficiency, Cynthia A. Williams 2017 Selected Works

Corporate Compliance With The Law In The Era Of Efficiency, Cynthia A. Williams

Cynthia A. Williams

No abstract provided.


Triumph Or Tragedy? The Curious Path Of Corporate Disclosure Reform In The U.K., Cynthia A. Williams, John M. Conley 2017 Selected Works

Triumph Or Tragedy? The Curious Path Of Corporate Disclosure Reform In The U.K., Cynthia A. Williams, John M. Conley

Cynthia A. Williams

No abstract provided.


The Emerging Personality Of The American Corporation, Cynthia Williams 2017 Osgoode Hall Law School York University

The Emerging Personality Of The American Corporation, Cynthia Williams

Cynthia A. Williams

Reviewing Eric W. Orts, Business Persons: A Legal Theory of the Firm, and Robert E. Wright, Corporation Nation.


Trends In The Social [Ir]Responsibility Of American Multinational Corporations: Increased Power, Diminished Accountability, Cynthia A. Williams, John Martin Conley 2017 Osgoode Hall Law School

Trends In The Social [Ir]Responsibility Of American Multinational Corporations: Increased Power, Diminished Accountability, Cynthia A. Williams, John Martin Conley

Cynthia A. Williams

No abstract provided.


Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin 2017 Allard School of Law at the University of British Columbia

Assurance Services As A Substitute For Law In Global Commerce, Margaret M. Blair, Cynthia A. Williams, Li-Wen Lin

Cynthia A. Williams

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 ...


Developments In Constitutional Law: The 1994-95 Term, Hester Lessard, Bruce Ryder, David Schneiderman, Margot Young 2017 Allard School of Law at the University of British Columbia

Developments In Constitutional Law: The 1994-95 Term, Hester Lessard, Bruce Ryder, David Schneiderman, Margot Young

Bruce B. Ryder

This essay explores the apparent triumph of the individual of classical liberalism in Supreme Court decision making. Our analysis examines the particular way in which this political imagery of the individual interacts with judicial assumptions about important social institutions: the family, religion, media, and the state. What is revealed is the judicial adoption of an intricate social and political map in which abstract individualism combines with, and often masks, traditional, conservative images of social order and moral choice.


Developments In Constitutional Law: The 1993-94 Term, Joel Bakan, Bruce Ryder, David Schneiderman, Margot Young 2017 Allard School of Law at the University of British Columbia

Developments In Constitutional Law: The 1993-94 Term, Joel Bakan, Bruce Ryder, David Schneiderman, Margot Young

Bruce B. Ryder

This paper seeks to draw out four different, and often conflicting, themes that inform the Supreme Court of Canada's constitutional decision making. Each theme expresses a conception of the Canadian state, and taken together they represent, arguably, the current range of dominant views regarding the appropriate role of the state in Canada: classical liberalism, federalism, social democracy and neo-liberalism. Explicit and implicit reliance upon these conceptions of the state can be understood as reflecting the Court's concern to stay in step with its perception of contemporary social consensus on the large political issues lurking behind every constitutional question ...


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