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Articles 301 - 330 of 746
Full-Text Articles in Entire DC Network
The Alberta Legal Services Mapping Project: Report For The Edmonton Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Edmonton Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
Edmonton is the sixth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multiyear endeavor, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Alberta Legal Services Mapping Project: Report For The St. Paul Judicial District, Glynnis Lieb, Stephanie Abel
The Alberta Legal Services Mapping Project: Report For The St. Paul Judicial District, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The St. Paul Judicial District is the fifth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a largescale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Alberta Legal Services Mapping Project: Report For The Medicine Hat Judicial District, Glynnis Lieb, Stephanie Abel
The Alberta Legal Services Mapping Project: Report For The Medicine Hat Judicial District, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The Medicine Hat Judicial District is the fourth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
What Does It Cost To Access Justice In Canada? How Much Is “Too Much”? And How Do We Know? Literature Review, Kim Taylor, Ksenia Svechnikova
What Does It Cost To Access Justice In Canada? How Much Is “Too Much”? And How Do We Know? Literature Review, Kim Taylor, Ksenia Svechnikova
Canadian Forum on Civil Justice
Barriers to accessing justice are a serious social concern. It is widely understood among those who work within the justice system, litigants and the general public, that cost is a barrier to accessing justice. Cost was raised as a concern by every litigant who participated in the Civil Justice System and the Public project.
The Alberta Legal Services Mapping Project: Report For The Lethbridge Judicial District, Glynnis Lieb, Stephanie Abel
The Alberta Legal Services Mapping Project: Report For The Lethbridge Judicial District, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The Lethbridge Judicial District is the third of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
Reflecting On The Law Commission Of Ontario's Approach And Method: Multidisciplinarity, Analytical Lenses And Consultation, Patricia Hughes
Reflecting On The Law Commission Of Ontario's Approach And Method: Multidisciplinarity, Analytical Lenses And Consultation, Patricia Hughes
York Centre for Public Policy & Law
No abstract provided.
Continuum: Volume 34 (Winter 2010), Osgoode Hall Law School Of York University
Continuum: Volume 34 (Winter 2010), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
Reflecting On The Law Commission Of Ontario’S Approach And Method: Multidisciplinarity, Analytical Lenses And Consultation, Patricia Hughes
Reflecting On The Law Commission Of Ontario’S Approach And Method: Multidisciplinarity, Analytical Lenses And Consultation, Patricia Hughes
York Centre for Public Policy & Law
No abstract provided.
The Role Of Governments In The Overindebtedness Of The Economically Disadvantaged, Stephanie Ben-Ishai, Saul Schwartz, Jeremy Barretto
The Role Of Governments In The Overindebtedness Of The Economically Disadvantaged, Stephanie Ben-Ishai, Saul Schwartz, Jeremy Barretto
All Papers
In this article, Professors Stephanie Ben-Ishai and Saul Schwartz examine several ways in which the government becomes a creditor of economically disadvantaged Canadians and its role in limiting the options available for resolving the resulting overindebtedness. Specifically, the authors explore how government transfer programs, and the debts that result from benefit overpayment, affect those already marginalized by poverty. Ben-Ishai and Schwartz then argue that the two main remedies available to Canadians facing insolvency - credit counselling and bankruptcy - are simply too costly for low-income individuals, a term the authors use to describe those who are poor even before they …
Comparing And Understanding Legal Aid Priorities: A Paper Prepared For Legal Aid Ontario, Mary Jane Mossman, Karen Schucher, Claudia Schmeing
Comparing And Understanding Legal Aid Priorities: A Paper Prepared For Legal Aid Ontario, Mary Jane Mossman, Karen Schucher, Claudia Schmeing
Articles & Book Chapters
This paper explores different ways of defining legal aid priorities. In doing so, the paper examines how ideas about access to justice have been implemented in Ontario's judicare and community clinic systems, reviews developments in other jurisdictions, and the requirements of Charter values. The paper also situates priority-setting within the administration of justice, the literature about legal needs and social exclusion, and the role of LAO as a state agency to ensure access to justice for the poor and disadvantaged. Finally, the paper assesses the limits of the "legal categories" approach and the "legal needs / social exclusion" approach, and …
Investment Treaty Arbitration, Procedural Fairness, And The Rule Of Law, Gus Van Harten
Investment Treaty Arbitration, Procedural Fairness, And The Rule Of Law, Gus Van Harten
Articles & Book Chapters
Investment treaty arbitration is often promoted as a fair, rules-based system that advances the rule of law. The system falls short of this expectation, however, due to its unique combination of arbitration and public law, its asymmetrical claims structure, its reliance on executive officials to make case-by-case appointments, and its attenuation of judicial oversight. The focus of concern is not actual bias on the part of individual arbitrators but, more appropriately, institutional and procedural aspects of the adjudicative process that raise suspicions of bias.
Five Justifications For Investment Treaties: A Critical Discussion, Gus Van Harten
Five Justifications For Investment Treaties: A Critical Discussion, Gus Van Harten
Articles & Book Chapters
This article examines five common justifications for the investment treaty system in order to highlight aspects of the system that give cause for concern. First, it examines whether investment treaties are a means to encourage foreign direct investment and concludes that this expectation is contradicted by common provisions in investment treaties and is unsupported by the preponderance of empirical evidence. If this justification was a factor in the decisions of states to conclude investment treaties - or of international organizations to promote them - then these decisions appear to have been based on incomplete knowledge and analysis of the anticipated …
Five Justifications For Investment Treaties: A Critical Discussion, Gus Van Harten
Five Justifications For Investment Treaties: A Critical Discussion, Gus Van Harten
All Papers
The article examines five justifications for the investment treaty system. These include the justifications: (1) that investment treaties are a means to encourage foreign direct investment, (2) that investment treaties respond to the bias and unreliability of domestic courts, (3) that investment treaty arbitration advances the rule of law in the resolution of investor-state disputes, (4) that investment treaties affirm the sovereignty and bargaining strategies of states, and (5) that investment treaties were endorsed by the democratic processes of states. The discussion concludes with recommendations that states exercise greater care when considering entry into the system or, more likely, the …
Book Notes: Negotiating Justice: Progressive Lawyering Low-Income Clients, And The Quest For Social Change, By Corey S. Shdaimah, Seher Goderya
Book Notes: Negotiating Justice: Progressive Lawyering Low-Income Clients, And The Quest For Social Change, By Corey S. Shdaimah, Seher Goderya
Osgoode Hall Law Journal
No abstract provided.
Osgoode Syllabus Of Courses And Seminars: 2010 - 2011, Office Of Student Services
Osgoode Syllabus Of Courses And Seminars: 2010 - 2011, Office Of Student Services
Syllabi
No abstract provided.
The Alberta Legal Services Mapping Project: Report For The Fort Mcmurray Judicial District, Glynnis Lieb, Stephanie Abel, Diana Lowe
The Alberta Legal Services Mapping Project: Report For The Fort Mcmurray Judicial District, Glynnis Lieb, Stephanie Abel, Diana Lowe
Canadian Forum on Civil Justice
The Fort McMurray Judicial District is the second of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, 4.5 year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Alberta Legal Services Mapping Project: Report For The Calgary Judicial District, Glynnis Lieb, Stephanie Abel, Mary Stratton, Diana Lowe
The Alberta Legal Services Mapping Project: Report For The Calgary Judicial District, Glynnis Lieb, Stephanie Abel, Mary Stratton, Diana Lowe
Canadian Forum on Civil Justice
The „justice system‟ is a fundamental and far-reaching component of our system of democracy in Alberta. It is not one united system but an institutionalized process to address criminal and civil conflicts. It is made up of a complexity of organizations with overlapping provincial and federal jurisdictions. There are substantive and procedural laws with four broad divisions: civil, family, criminal and administrative. Many of these laws and the legal services associated with them, function to avoid conflict and legal problems. Ideally, legal services work to resolve conflicts without resorting to the courts or tribunals, the purpose of which is to …
Copyright Reform For Canada: What Should We Do?, Copyright Consultations Submission, Barry Sookman
Copyright Reform For Canada: What Should We Do?, Copyright Consultations Submission, Barry Sookman
Osgoode Hall Review of Law and Policy
This submission elucidates 8 basic principles, and 11 pragmatic recommendations to guide copyright reform. Canadian copyright reform is long overdue, especially in comparison to the progress made in other jurisdictions. The modernization proposed herein is in the public interest as it aims to better protect creators‘ rights so as to foster innovation, creativity, competition, and investment and position Canada as a leader in the global, digital economy.
Alberta Legal Services Mapping Project: Action Plan Update, Glynnis Lieb
Alberta Legal Services Mapping Project: Action Plan Update, Glynnis Lieb
Canadian Forum on Civil Justice
In 2006, the Canadian Forum on Civil justice conducted the Self-Represented Litigant (SRL) Mapping Project. This Project aimed to gain a better understanding about SRLs in Alberta, what their legal needs are and what resources are available to them. Mapping for this project was conducted in three sites; Grand Prairie, Red Deer and Edmonton. Findings from this Project were strongly indicative of the lack of public understanding of the justice system and the need for easily accessible public legal information. Based on the recommendations from the SRL Mapping Project, Law Information Centres (LInCs) were established in all three jurisdictions.
Abdelrazik V. Canada, 2009 Fc 580 (4 June 2009) (Main Application – Fc)
Abdelrazik V. Canada, 2009 Fc 580 (4 June 2009) (Main Application – Fc)
Court Decisions, Orders & Directions
No abstract provided.
Un Constitutional Assistance: An Emergent Policy Institution, Vijayashri Sripati
Un Constitutional Assistance: An Emergent Policy Institution, Vijayashri Sripati
York Centre for Public Policy & Law
No abstract provided.
Law And Learning In An Era Of Globalization, Harry W. Arthurs
Law And Learning In An Era Of Globalization, Harry W. Arthurs
Comparative Research in Law & Political Economy
This paper explores the ways in which globalization, as a dominant influence on political economy, makes its presence felt on legal education and research. In particular, it questions whether law schools have maintained agency in the choice to embrace globalization in their curricula, scholarship and general orientation or whether law schools have been forced to bend to the realities of the global economy. While neo-liberal “globalization of the mind” has shifted assumptions about the project of law and entrenched a “new normal” in legal education and scholarship, the McGill curriculum – based on so-called transsystemic legal education – offers the …
Brazilian Legal Education: Curricular Reform That Goes Further Without Going Beyond, Roberto Fragale Filho
Brazilian Legal Education: Curricular Reform That Goes Further Without Going Beyond, Roberto Fragale Filho
Comparative Research in Law & Political Economy
Brazilian legal education is engaged since 1994 in a long and inconclusive process of curriculum reform in which the Brazilian Bar Association (Ordem dos Advogados do Brasil) has been one of its greatest players. The transformations undertaken in legal education in the last two decades, were buoyed by three things: (a) the redemocratization of the country, completed in 1988 with the promulgation of the new Constitution, (b) the expansion of higher education, which resulted in a amount of more than half of a million law students, and (c) the protection of interests of the lawyers’ corporation, even though it has …
Global Anti‐Corruption Regimes: Why Law Schools May Want To Take A Multi‐Jurisdiction Approach, D. Alison Von Rosenvinge
Global Anti‐Corruption Regimes: Why Law Schools May Want To Take A Multi‐Jurisdiction Approach, D. Alison Von Rosenvinge
Comparative Research in Law & Political Economy
The legal fight against bribery and corruption has evolved from the solitary effort of the United States with its Foreign Corrupt Practices Act (FCPA) to a global legal endeavor. Corporations are frequently engaged in transnational deals that require them to understand their obligations under a web of anti-corruption regulations with penalties ranging from fines in the tens of millions of dollars to life imprisonment. Although the market for legal services has changed to match client needs, the curriculum at most U.S. law schools has not. This paper explores the relationship between transnational business and legal services and legal education in …
Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson
Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson
Comparative Research in Law & Political Economy
Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has something of a tradition of clinics, though stunted). …
The Five Lessons I Learned Through Clinical Education, Nadia Chiesa
The Five Lessons I Learned Through Clinical Education, Nadia Chiesa
Comparative Research in Law & Political Economy
Legal education has long been criticized for failing to prepare students for the realities of the practice of law. This article explores how clinical legal education programmes, offered at many Canadian law schools, may respond to this criticism and provide an alternative to traditional legal education. Through a reflection on the experience of working as a student at a community legal aid clinic, the author offers a student's perspective on the challenges and rewards of pursuing this type of legal education and discusses how clinical legal education may better equip law students for their future career.
Law And Learning In An Era Of Globalization, Harry W. Arthurs
Law And Learning In An Era Of Globalization, Harry W. Arthurs
Articles & Book Chapters
No abstract provided.
Gender And Professionalism In Law: The Challenge Of (Women’S) Biography, Mary Jane Mossman
Gender And Professionalism In Law: The Challenge Of (Women’S) Biography, Mary Jane Mossman
Articles & Book Chapters
This paper explores the story of a woman who "created" her life in the law in the late nineteenth and early twentieth centuries. Although now almost unknown, Cornelia Sorabji achieved prominence as a woman pioneer in the legal profession, who provided legal services to women clients in northern India, the Purdahnashins. Sorabji’s experiences as a woman in law were often similar to the stories of other first women lawyers in a number of different jurisdictions at the end of the nineteenth century: all of these women had to overcome gender barriers to gain admission to the legal professions, and they …
Inadequacies Of The Humanitarian And Compassionate Procedure For Abused Immigrant Spouses, Heather Neufeld
Inadequacies Of The Humanitarian And Compassionate Procedure For Abused Immigrant Spouses, Heather Neufeld
Journal of Law and Social Policy
No abstract provided.
"But Only On A Question Of Law": Examining The Scope Of Appellate Review Of The Landlord And Tenant Board, Toby Young
"But Only On A Question Of Law": Examining The Scope Of Appellate Review Of The Landlord And Tenant Board, Toby Young
Journal of Law and Social Policy
No abstract provided.