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Articles 91 - 120 of 122
Full-Text Articles in Entire DC Network
Mapping The Freedom To Learn: Making The Case For Student Academic Freedom In Canada, Angela Sylvia Regnier
Mapping The Freedom To Learn: Making The Case For Student Academic Freedom In Canada, Angela Sylvia Regnier
LLM Theses
Academic freedom has been defined as having two components: the freedom to teach and the freedom to learn. However, whether there is truly a freedom to learn and how it intersects with general liberties is unresolved. Incorporating a critical pedagogical approach, this thesis explores whether Canadian post-secondary students have any such role-related rights. In aiming to map the conditions that might safeguard such a freedom to learn, certain civil liberties are examined - namely associational and expressive freedoms. A critique of contemporary jurisprudence and relevant legislation is situated within an historical and comparative context of academic freedom and students in …
Canadian Mining Companies And Domestic Law Reform: A Critical Legal Account, Charis Kamphuis
Canadian Mining Companies And Domestic Law Reform: A Critical Legal Account, Charis Kamphuis
Comparative Research in Law & Political Economy
This article offers a critical legal account of law reform efforts undertaken by activists in Canada from 2005 to 2012 in relation to the resource extraction activities of Canadian companies operating abroad. The relevant reform proposals are reviewed in terms of three periods. In the first, federal advisors made proposals that attempt to reconcile private and public approaches to regulation. In the second, the federal government responded with a corporate social responsibility policy predicated on volunteerism. This policy is unprecedented in that its central concern is the presumed risk that civil society concerns present to Canadian companies. In the third …
The Networked Infrastructure Of Fossil Capitalism: Implications Of The New Pipeline Debates For Environmental Justice In Canada, Dayna Nadine Scott
The Networked Infrastructure Of Fossil Capitalism: Implications Of The New Pipeline Debates For Environmental Justice In Canada, Dayna Nadine Scott
Comparative Research in Law & Political Economy
A read of the critical geography literature on the concept of “networked infrastructures” generates two arguments in relation to the environmental justice implications of the new pipeline debates. First, the proposed coast-to-coast pipeline is likely to exacerbate existing environmental inequities in Canada. Conceiving of the crude oil in a pipeline as a material flow of commodified nature demonstrates that, at the end of the pipe, inputs of labor, technology and capital are required to convert the crude into useable forms of energy. This leads to a serious engagement with the communities at the ends of the proposed pipes. Here, I …
Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott
Situating Sarnia: Unimagined Communities In The National Energy Debate, Dayna Scott
Articles & Book Chapters
No abstract provided.
The Networked Infrastructure Of Fossil Capitalism: Implications Of The New Pipeline Debates For Environmental Justice In Canada, Dayna Nadine Scott
The Networked Infrastructure Of Fossil Capitalism: Implications Of The New Pipeline Debates For Environmental Justice In Canada, Dayna Nadine Scott
Articles & Book Chapters
No abstract provided.
Book Review: Slow Violence And The Environmentalism Of The Poor, By Rob Nixon, Dayna Nadine Scott
Book Review: Slow Violence And The Environmentalism Of The Poor, By Rob Nixon, Dayna Nadine Scott
Osgoode Hall Law Journal
IN SEEKING TO UNDERSTAND the relationships of the local to the global in contemporary environmental justice struggles, we have yearned for a way to trace the “occluded relationships” between transnational economic actors and the things that tie them to particular places, such as labour, land, resources, and commodity dynamics. The bodies caught in the middle have been ‘raced’ and erased, made invisible, and wiped away. With gripping urgency, Rob Nixon’s book Slow Violence and the Environmentalism of the Poor brings those bodies back into view by exposing the violence perpetrated against them across time and space.
Environmental Damages After The Federal Environmental Enforcement Act: Bringing Ecosystem Services To Canadian Environmental Law?, Martin Z. P. Olsynski
Environmental Damages After The Federal Environmental Enforcement Act: Bringing Ecosystem Services To Canadian Environmental Law?, Martin Z. P. Olsynski
Osgoode Hall Law Journal
The Canadian Environmental Enforcement Act [EEA] directs judges to consider actual environmental damage, or risk thereof, when setting fines for environmental offences. The EEA defi nes damage as including the loss of use and non-use values. While these terms are not unprecedented in Canadian environmental law, their use in environmental damage assessment is. Bearing in mind recent developments in environmental valuation in the United States and internationally, and considering the emergence of the “ecosystem services” paradigm in particular, this article explores the opportunities and challenges for ecosystem services based environmental damages assessment in the Canadian environmental sentencing context. The ecosystem …
Law's Slow Violence: A Review Of Rob Nixon's "Slow Violence And The Environmentalism Of The Poor" (Hup, 2010), Dayna Nadine Scott
Law's Slow Violence: A Review Of Rob Nixon's "Slow Violence And The Environmentalism Of The Poor" (Hup, 2010), Dayna Nadine Scott
Comparative Research in Law & Political Economy
With gripping urgency, Rob Nixon’s book "Slow Violence and the Environmentalism of the Poor" seeks to reveal the “occluded relationships” between transnational economic actors and the things that tie them to particular places, such as labour, land, resources and commodity dynamics. He brings into view the bodies caught in the middle – those that have been raced and erased, made invisible, and wiped away -- by exposing the violence perpetrated against them across time and space. Nixon’s work is a broad synthesis of a seemingly disparate set of literatures in post-colonial studies, eco-criticism and literary studies. His arresting narrative engages …
Accountability Across Borders: Mining In Guatemala And The Canadian Justice System, Shin Imai, Bernadette Maheandiran, Valerie Crystal
Accountability Across Borders: Mining In Guatemala And The Canadian Justice System, Shin Imai, Bernadette Maheandiran, Valerie Crystal
Comparative Research in Law & Political Economy
This paper has been updated and revised and is now available on ssrn as: "Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala" http://ssrn.com/abstract=2358981.
Responding To Globalization, William Twining
Responding To Globalization, William Twining
Osgoode Hall Law Journal
No abstract provided.
Body Polluted: Questions Of Scale, Gender And Remedy, Dayna Nadine Scott
Body Polluted: Questions Of Scale, Gender And Remedy, Dayna Nadine Scott
Comparative Research in Law & Political Economy
This paper offers a critique of tort remedies grounded in feminist theory of the body. It demonstrates how tort law is invested in a notion of an individuated legal subject, which fails to capture the critical interconnectedness of bodies in a social, political, historical, and colonial context. Taking the ‘injury’ of endocrine disruption in a Canadian aboriginal community as an example of a contemporary pollution harm, the analysis considers various torts on a conceptual level, and what they might offer the Aamjiwnaang First Nation in the way of remedies. In each case, what the tort can do depends on how …
After Law, Francisco Valdes
After Law, Francisco Valdes
Comparative Research in Law & Political Economy
After some brief preparatory notes, I will outline the time I call the "Age of Law" to explain how the making of modernity is related to the politics of progress and contradiction that define this era and its legacies. I next will summarize the dynamics of corruption, complexity and crisis that define the Age of Law and its historical construction of nation and market in material, structural terms. I then will turn to the relationship of this status quo to the emergence of internationalized law in the service of corporate globalization. Finally, to conclude, I will return to the pursuit …
Climate Change And Displacement: Multidisciplinary Perspectives, 2010, Edited By J. Mcadam, Benjamin J. Richardson
Climate Change And Displacement: Multidisciplinary Perspectives, 2010, Edited By J. Mcadam, Benjamin J. Richardson
Articles & Book Chapters
No abstract provided.
Body Polluted: Questions Of Scale, Gender, And Remedy, Dayna Nadine Scott
Body Polluted: Questions Of Scale, Gender, And Remedy, Dayna Nadine Scott
Articles & Book Chapters
This Article offers a critique of tort remedies grounded in feminist theory of the body. It demonstrates how tort law is invested in a notion of an individuated legal subject, which fails to capture the critical interconnectedness of bodies in a social, political, historical, and colonial context. Taking the "injury" of endocrine disruption in a Canadian Aboriginal community as an example of a contemporary pollution harm, the analysis considers various torts on a conceptual level, and what they might offer the Aamjiwnaang First Nation in the way of remedies. In each case, what the tort can do depends on how …
Being Virtuous And Prosperous: Sri’S Conflicting Goals, Benjamin J. Richardson, Wes Cragg
Being Virtuous And Prosperous: Sri’S Conflicting Goals, Benjamin J. Richardson, Wes Cragg
Articles & Book Chapters
Can SRI be a means to make investors both virtuous and prosperous? This paper argues that there can be significant tensions between these goals, and that SRI (and indeed all investment) should not allow the pursuit of maximizing investment returns to prevail over an ethical agenda of promoting social and economic justice and environmental protection. The discourse on SRI has changed dramatically in recent years to the point where its capacity to promote social emancipation, sustainable development and other ethical goals is in jeopardy. Historically, SRI was a boutique sector of the market dominated by religious-based investors who sought to …
Being Virtuous And Prosperous: Sri's Conflicting Goals, Benjamin J. Richardson
Being Virtuous And Prosperous: Sri's Conflicting Goals, Benjamin J. Richardson
All Papers
No abstract provided.
Can Socially Responsible Investment Provide A Means Of Environmental Regulation?, Benjamin J. Richardson
Can Socially Responsible Investment Provide A Means Of Environmental Regulation?, Benjamin J. Richardson
Articles & Book Chapters
The seemingly rapid growth of the market for socially responsible investment ('SRI) in Australia and other jurisdictions promises to make financing decisions more accountable to social and environmental criteria. Indeed, the ability of financiers to withhold funds and thereby hinder development, such as the decision of the Australia and New Zealand Banking Group Ltd in 2008 to shun financing a Tasmanian pulp mill planned by Gunns Ltd, raises hopes that financial institutions could act as surrogate environmental regulators. The long-standing SRI movement arose partly as an answer to the lacunae or weaknesses of official regulation, providing a means by which …
Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson
Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson
Articles & Book Chapters
Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient …
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Articles & Book Chapters
This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …
Book Review: Toxic Exposures: Contested Illnesses And The Environmental Health Movement, By Phil Brown, Natasha Affolder, Stuart E. Turvey
Book Review: Toxic Exposures: Contested Illnesses And The Environmental Health Movement, By Phil Brown, Natasha Affolder, Stuart E. Turvey
Osgoode Hall Law Journal
No abstract provided.
Putting Ethics Into Environmental Law: Fiduciary Duties For Ethical Investment, Benjamin J. Richardson
Putting Ethics Into Environmental Law: Fiduciary Duties For Ethical Investment, Benjamin J. Richardson
Osgoode Hall Law Journal
This article argues that environmental law must target the financial sector, which sponsors and profits from environmental pillage. The rise of a system of finance capitalism has made the financial sector a crucial economic sector. A long-standing movement for socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While the SRI movement has gained more influence in recent years, it has come at the price of jettisoning its former emphasis on ethical investment in favour of an instrumental, business case approach. Some modest legal reforms to improve the quality and extent of SRI have yet to …
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Osgoode Hall Law Journal
The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …
The Ties That Bind: Indigenous Peoples And Environmental Governance, Benjamin J. Richardson
The Ties That Bind: Indigenous Peoples And Environmental Governance, Benjamin J. Richardson
Comparative Research in Law & Political Economy
Canvassing practices in many countries, this chapter analyses the relationships between Indigenous peoples and environmental governance. It examines the environmental values and practices of Indigenous peoples, primarily in order to assess their implications for the Indigenous stake in environmental governance. It identifies at least six major theories or perspectives concerning Indigenous environmental values and practices. Secondly, the chapter reviews the legal norms and governance tools that structure Indigenous involvement in environmental management, in order to assess their relative value for Indigenous stakeholders and implications for sustainable utilisation of natural resources.
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott
Comparative Research in Law & Political Economy
The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …
Critical Third World Approaches To International Law (Twail): Theory, Methodology, Or Both?, Obiora Chinedu Okafor
Critical Third World Approaches To International Law (Twail): Theory, Methodology, Or Both?, Obiora Chinedu Okafor
Articles & Book Chapters
This paper engages with the question of whether TWAIL is a theory, a methodology, or both. It takes the mainstream positivist understandings of the concepts of "theory" and "methodology" seriously in order to assess TWAIL scholarship against those (admittedly contingent) measures. It argues that TWAIL offers both theories of, and methodologies for, analysing international law and institutions, before concluding that TWAIL can be usefully thought of in the way suggested by its very appellation: as a broad approach.
Protecting Indigenous Peoples Through Socially Responsible Investment, Benjamin J. Richardson
Protecting Indigenous Peoples Through Socially Responsible Investment, Benjamin J. Richardson
Articles & Book Chapters
No abstract provided.
Book Review: Environmental Law For Sustainability: A Reader, By Heather Mcleod-Kilmurray (Ed), Heather Mcleod-Kilmurray
Book Review: Environmental Law For Sustainability: A Reader, By Heather Mcleod-Kilmurray (Ed), Heather Mcleod-Kilmurray
Osgoode Hall Law Journal
No abstract provided.
Book Review: Living In A Contaminated World: Community Structures, Environmental Risks And Decision Frameworks, Dayna Scott
Book Review: Living In A Contaminated World: Community Structures, Environmental Risks And Decision Frameworks, Dayna Scott
Articles & Book Chapters
This is a book review of Living in a Contaminated World: Community Structures, Environmental Risks and Decision Frameworks. Ed. Ellen Omohundro. Surrey, United Kingdom: Ashgate, 2004.
Leading Towards A Level Playing Field, Repaying Ecological Debt, Or Making Environmental Space: Three Stories About International Environmental Cooperation, Karin Mickelson
Osgoode Hall Law Journal
This article considers a number of different ways of conceptualizing the relationship between South and North in the environmental context, focusing on international responses to climate change and, in particular, the Kyoto Protocol to the United Nations Framework Convention on Climate Change. It explores three stories about international environmental cooperation. One derives from the concept of "ecological debt," the second comes from the concept of "environmental space," and the third, which might be said to underlie the U.S. approach to the Kyoto Protocol at the present time, is labelled "leading towards a level playing field." The article provides an overview …
Book Review: Toxic Criminology Environment, Law And The State In Canada, By Susan C. Boyd, Dorothy E. Chunn And Robert Menzies (Eds), Kristi Ross
Osgoode Hall Law Journal
No abstract provided.