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Articles 241 - 270 of 746
Full-Text Articles in Entire DC Network
Conceptualizing Reflective Practice For Legal Professionals, Michele Leering
Conceptualizing Reflective Practice For Legal Professionals, Michele Leering
Journal of Law and Social Policy
This article examines the meaning, purpose, and promise of reflective practice in the context of the legal profession and at this critical juncture in the profession’s history. The imperatives for enhancing the reflective capacity of the profession are explored and the benefits of endorsing reflective practice as a core professional competency are reviewed. Reporting on a portion of an action research project designed to encourage reflective practice in a Canadian law school, the author synthesizes the results of a review of reflective practice literature, largely drawn from other professions, with the results of qualitative interviews with eight professors from the …
Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway
Pushing The Boundaries Of Clinical Law: Exploring How Student And Community Legal Clinics Engage With International Human Rights Practice, Geraldine Sadoway
Journal of Law and Social Policy
Explores methods of bringing stories of victims of human rights abuses to the international human rights bodies that conduct periodic reviews of country compliance with international human rights instruments. The project involved law students and community legal workers looking at innovative ways to use internet technologies to enhance and strengthen non-government (NGO) reports to UN Committees involved in monitoring Canada’s compliance with our international legal obligations.
When Law Reform Is Not Enough: A Case Study On Social Change And The Role That Lawyers And Legal Clinics Ought To Play, Jeff Carolin
When Law Reform Is Not Enough: A Case Study On Social Change And The Role That Lawyers And Legal Clinics Ought To Play, Jeff Carolin
Journal of Law and Social Policy
Based on his experience as a law student in the clinical legal education program at Parkdale Community Legal Services in 2010, the author draws on poverty law scholarship to better understand his frustrations with a law reform campaign he worked on related to refugee family reunification. The scholarship’s central critique of law reform campaigns is that they are excessively narrow: they focus on a particular law and construct the law itself as the social injustice. This leads to two subsidiary problems. First, law reform campaigns ignore the underlying socio-political context that produced the law, foregoing opportunities for broader societal transformation. …
Osgoode Syllabus Of Courses And Seminars: 2014 - 2015, Office Of Student Services
Osgoode Syllabus Of Courses And Seminars: 2014 - 2015, Office Of Student Services
Syllabi
No abstract provided.
Access To Civil & Family Justice: A Roadmap For Change, Action Committee On Access To Justice In Civil And Family Matters
Access To Civil & Family Justice: A Roadmap For Change, Action Committee On Access To Justice In Civil And Family Matters
Canadian Forum on Civil Justice
There is a serious access to justice problem in Canada. The civil and family justice system is too complex, too slow and too expensive. It is too often incapable of producing just outcomes that are proportional to the problems brought to it or reflective of the needs of the people it is meant to serve. While there are many dedicated people trying hard to make it work and there have been many reform efforts, the system continues to lack coherent leadership, institutional structures that can design and implement change, and appropriate coordination to ensure consistent and cost effective reform. Major …
The Osgoode Brief (Fall 2013), Osgoode Hall Law School Of York University
The Osgoode Brief (Fall 2013), Osgoode Hall Law School Of York University
The Osgoode Brief
No abstract provided.
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Osgoode Hall Law Journal
What difference does the teaching of civil procedure as an academic subject make to the practice of law, to the professional community in which lawyers practice, and to civil justice reform? In this article, proceduralists from Canada, England and Wales, the United States and Australia analyze the broader implications of teaching civil procedure as an integral feature of an academic legal education rather than as a part of vocational training. They consider ways in which the approach taken to the teaching of procedure in their legal system has influenced the evolution of the profession during a decade of increased public …
Making Matters Worse: The Safe Streets And Communities Act And The Ongoing Crisis Of Indigenous Over-Incarceration, Ryan Newell
Making Matters Worse: The Safe Streets And Communities Act And The Ongoing Crisis Of Indigenous Over-Incarceration, Ryan Newell
Osgoode Hall Law Journal
The Safe Streets and Communities Act (SSCA), a recent and wide-reaching piece of the Conservative Party of Canada’s tough-on-crime agenda, will exacerbate the ongoing crisis of Indigenous over-incarceration. In this article, I review the extensive literature that addresses the causes of Indigenous over-representation in the Canadian criminal justice system before assessing the impact of R v Gladue, nearly fifteen years after the Supreme Court of Canada’s decision. I analyze how the SSCA will restrict courts’ resort to Gladue, thus resulting in the incarceration of increasing numbers of Indigenous people. I then develop one avenue of constitutional challenge to the SSCA’s …
The Impact Of Teaching Procedure, Janet Walker
The Impact Of Teaching Procedure, Janet Walker
Osgoode Hall Law Journal
No abstract provided.
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Osgoode Hall Law Journal
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems— the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained re flection has been carried out as to the import and impact of this longstanding …
Meaningful Change For Family Justice: Beyond Wise Words: Final Report Of The Family Justice Working Group, Action Committee On Access To Justice In Civil And Family Matters
Meaningful Change For Family Justice: Beyond Wise Words: Final Report Of The Family Justice Working Group, Action Committee On Access To Justice In Civil And Family Matters
Canadian Forum on Civil Justice
Canadians do not have adequate access to family justice. For many years now reports have been telling us that cost, delay, complexity and other barriers are making it impossible for many Canadians to exercise their legal rights. More recently, a growing body of research has begun to quantify the extent of unmet legal need in our communities and to describe the disquieting individual and social consequences of failing to respond adequately to family legal problems.
“Rights Without Remedies”: Enforcing Employment Standards In Ontario By Maximizing Voice Among Workers In Precarious Jobs, Leah F. Vosko
“Rights Without Remedies”: Enforcing Employment Standards In Ontario By Maximizing Voice Among Workers In Precarious Jobs, Leah F. Vosko
Osgoode Hall Law Journal
Workers in Ontario, Canada are on the edge of a crisis in the enforcement of their minimum employment standards (ES). This crisis is shaped not only by well-documented deficiencies in the scope of labour protection but by the fact that the administration of the ES system has not kept pace with the increasing number of workers and workplaces requiring protection under the province’s employment standards act. Coupled with an outmoded complaint-based system, the dearth of support for ES enforcement is cultivating a situation in which an unprecedented number of workers are bearers of rights without genuine opportunities for redress. Responding …
Book Review: Middle Income Access To Justice, By Michael Trebilcock, Anthony Duggan, And Lorne Sossin (Eds), Erik S. Knutsen
Book Review: Middle Income Access To Justice, By Michael Trebilcock, Anthony Duggan, And Lorne Sossin (Eds), Erik S. Knutsen
Osgoode Hall Law Journal
No abstract provided.
National Action Committee On Access To Justice In Civil & Family Matters: Prevention, Triage And Referral Working Group, Action Committee On Access To Justice In Civil And Family Matters
National Action Committee On Access To Justice In Civil & Family Matters: Prevention, Triage And Referral Working Group, Action Committee On Access To Justice In Civil And Family Matters
Canadian Forum on Civil Justice
This report has been prepared by the Prevention, Triage and Referral (PTR) Working Group of the National Action Committee on Access to Justice in Civil and Family Matters. The Working Group first met in Ottawa on March 2, 2012 and subsequently created a first draft report. The group then consulted with key players in the PTR field across Canada and internationally, using a web survey with a link to a second draft of the report. The survey, conducted in the summer and early fall of 2012, requested feedback on 14 potential recommendations. While the 125 respondents were generally supportive of …
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
The pressures and opportunities of globalization have dramatically changed the nature of legal practice. How and why we practice law? For whom and whose benefit? In what contexts? And on what terms? The answers to these questions are continuously changing as a result of current global trends. The communities served by lawyers, the practice contexts in which they work and the issues that they face are increasingly diverse, complex, transnational and global in character. All of these challenges demand new competencies and raise a host of new issues about ethics and professionalism. As a threshold matter, more and more lawyers …
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
This essay considers whether there is a role for moral pluralism — or morality at all — in legal ethics thinking. In so doing, it has essentially two main goals. First, to contextualise the discussion, it very briefly looks at the leading conceptions of the lawyering role that have unsuccessfully grappled with the issue of morality and lawyering to-date. Second, and primarily, it looks at a new attempt to address these issues that is provided by Bradley Wendel in his recent book Lawyers and Fidelity to Law. This essay claims that while providing an elegant and admirable argument, Wendel’s book …
Sociological Jurisprudence 2.0: Updating Law's Interdisciplinarity In A Global Context, Peer Zumbansen
Sociological Jurisprudence 2.0: Updating Law's Interdisciplinarity In A Global Context, Peer Zumbansen
Comparative Research in Law & Political Economy
The gap between law’s pronouncement of rules and their impact or failure in concrete social environments has long prompted efforts to make lawyers more responsive to the “realities on the ground”. While this turn to sociological jurisprudence seemed a logical consequence of the Legal Realists’ attack on formalism and positivism, it exposed legal theory to a never-ending series of questions concerning the limits of law in becoming an empirically informed social science. Even trailblazing Legal Realists themselves questioned the extent to which empirical knowledge might erode the core of law’s claim to authority. Where are we today, after numerous transgressions …
Approximating Law And Development, Human Rights And Transitional Justice, Peer Zumbansen, Ruth Buchanan
Approximating Law And Development, Human Rights And Transitional Justice, Peer Zumbansen, Ruth Buchanan
Comparative Research in Law & Political Economy
This chapter is the introduction to the forthcoming edited collection "Law in Transition: Human Rights, Developments and Transitional Justice", edited by the authors and forthcoming with Hart Publishing (Oxford, 2013). The book will appear in the "Osgoode Reader" series and brings together many of the leading experts of the increasingly pertinent intersection of development, rights and transitional justice studies. The Introduction traces the theoretical and practical challenges of this discursive interaction and argues that it is only through such dialogue that a better understanding of the institutional and normative issues arising in contemporary law & development and TJ contexts will …
Experience The Future Of Legal Education, Lorne Sossin
Experience The Future Of Legal Education, Lorne Sossin
Comparative Research in Law & Political Economy
Legal education is becoming more experiential, and this is a good thing. This essay examines both claims, and provides an account both of the origins of the experiential turn in legal education, and its implications. This account is written from a Canadian perspective, and more parochially, from an Osgoode Hall Law School perspective. That said, I believe this analysis is relevant to legal education more broadly, and contributes to the ongoing and vital debate over the future of Law School.
The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs
The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs
Comparative Research in Law & Political Economy
I’m going to present three quite different views of what law schools ought to be and ought to do. The first holds that their primary, if not their sole, function should be to produce "practice-ready lawyers" for today’s profession. The second is that they should produce "tomorrow’s lawyers", lawyers with the capacity to adapt to the rapidly and radically changing circumstances of legal practice. And the third is that law schools should play a leading role in the creation and transformation of legal knowledge, legal practice, and the legal system — a role that requires them to provide their students …
Learning Professionalism In Practice, Shelley M. Kierstead, Erika Abner
Learning Professionalism In Practice, Shelley M. Kierstead, Erika Abner
Comparative Research in Law & Political Economy
This paper describes exploratory research into learning professionalism, ethics and civility in the legal workplace. We begin by setting out the issue as described by scholars, regulators, insurers, courts, and practicing lawyers, then examine the literature on developing a professional identity through learning at work. We employed a focus group method to gather data on the issues that practicing lawyers experience during their working day, as well as how they learn to define, identify, and manage these professionalism and ethical issues.
Access To Charter Justice, Robert J. Sharpe
Access To Charter Justice, Robert J. Sharpe
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
No abstract provided.
“In The Public Interest”: Understanding The Special Role Of The Government Lawyer, Patrick J. Monahan
“In The Public Interest”: Understanding The Special Role Of The Government Lawyer, Patrick J. Monahan
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The concept of the “public interest” is the foundational principle that guides and structures the special role of government lawyers. This public interest role is derived from a number of constitutional and statutory sources but, in Ontario, it finds its foundation in section 5 of the Ministry of the Attorney General Act, which provides that the Attorney “shall see that the administration of public affairs is in accordance with the law”. This responsibility to uphold and advance the rule of law falls not just to the Attorney but to all government lawyers who act on his or her behalf. What …
Continuum: Volume 37 (Winter 2013), Osgoode Hall Law School Of York University
Continuum: Volume 37 (Winter 2013), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
"Valour Rather Than Prudence": Hard Times And Hard Choices For Canada's Legal Academy, Harry W. Arthurs
"Valour Rather Than Prudence": Hard Times And Hard Choices For Canada's Legal Academy, Harry W. Arthurs
Articles & Book Chapters
No abstract provided.
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Ethical Lawyering In A Global Community, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Osgoode Syllabus Of Courses And Seminars: 2013 - 2014, Office Of Student Services
Osgoode Syllabus Of Courses And Seminars: 2013 - 2014, Office Of Student Services
Syllabi
No abstract provided.
“Cost Of Justice” Project Plan: Working Draft, Canadian Forum On Civil Justice
“Cost Of Justice” Project Plan: Working Draft, Canadian Forum On Civil Justice
Canadian Forum on Civil Justice
No abstract provided.