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Articles 361 - 390 of 746
Full-Text Articles in Entire DC Network
The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin
The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin
Osgoode Hall Law Journal
There is a clear public interest benefit for lawyers to ensure access to the rule of law, especially on the part of the vulnerable. This article seeks to show that the seemingly simple relationship between the legal profession and the public interest is in fact more complicated than it looks. Pro bono may be viewed from two perspectives-that of the lawyer and that of the client. From the perspective of the lawyer, the important question is whether there is ethical motivation to engage in pro bono. If, however, the perspective of the client is paramount, then meeting the client's needs …
Representing A Minor: A Shared Dilemma In Ontario And Massachusetts, Andrew L. Kaufman
Representing A Minor: A Shared Dilemma In Ontario And Massachusetts, Andrew L. Kaufman
Osgoode Hall Law Journal
This commentary considers what lawyers should do when confidential information from their minor clients indicates that the minor's instructions either present a substantial risk of harm to the minor or are irrational. The commentary then asks readers to decide whether and how their personal resolution should be generalized into the law of professional responsibility. The author compares current Ontario and Massachusetts law with a new Massachusetts proposal. The author strongly criticizes the proposal as violating the tenuous compromise between "client-directed" and "best- interests" or "substituted judgment" theories that appear to govern in both jurisdictions in favour of a rule that …
In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson
In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson
Osgoode Hall Law Journal
While considerable thought and effort have been put into exploring and fixing the ethical rights and professional responsibilities of private Lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical …
Book Review: In The Public Interest: The Report And Research Papers Of The Law Society Of Upper Canada's Task Force On The Rule Of Law And The Independence Of The Bar, By The Law Society Of Upper Canada, Janet Leiper
Osgoode Hall Law Journal
No abstract provided.
Book Review: Lawyers Gone Bad: Money, Sex And Madness In Canada's Legal Profession, By Philip Stayton, Lorraine Lafferty
Book Review: Lawyers Gone Bad: Money, Sex And Madness In Canada's Legal Profession, By Philip Stayton, Lorraine Lafferty
Osgoode Hall Law Journal
No abstract provided.
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
Osgoode Hall Law Journal
No abstract provided.
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
Osgoode Hall Law Journal
In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.
Canadian Federal And Provincial Administrative Legislation Containing Adr Processes, Trevor C. W. Farrow, Ada Ho
Canadian Federal And Provincial Administrative Legislation Containing Adr Processes, Trevor C. W. Farrow, Ada Ho
Canadian Forum on Civil Justice
This document provides a sampling of Canadian federal and provincial legislation dealing with various forms of Alternative Dispute Resolution. The legislation was found by using search terms such as “Alternative Dispute Resolution”, “Mediation” and “Arbitration” etc., and searching through federal and provincial legislation using the research tool Lexis/Nexis Quicklaw.
The Social Significance Of The World's First Women Lawyers, Fiona M. Kay
The Social Significance Of The World's First Women Lawyers, Fiona M. Kay
Osgoode Hall Law Journal
No abstract provided.
Evaluation Of Criminal Law Offices - Second Year, Robert Hann, Frederick H. Zemans, Joan Nuffield
Evaluation Of Criminal Law Offices - Second Year, Robert Hann, Frederick H. Zemans, Joan Nuffield
Commissioned Reports, Studies and Public Policy Documents
Report submitted to Legal Aid Ontario.
Alberta Legal Services Mapping Project: Research Proposal, Canadian Judicial Council
Alberta Legal Services Mapping Project: Research Proposal, Canadian Judicial Council
Canadian Forum on Civil Justice
The purpose of this proposal is to set out a preliminary research plan to create a province-wide ‘map’ or atlas of legal services that provides to the Alberta public information, education, legal advice, legal representation and/or other support or assistance related to legal problems. The map will include the central services provided by pro bono initiatives, clinics, public legal education services, courts, legal aid, the private Bar and social services relevant to the needs of users of the justice system. The map will extend to civil, family, criminal and administrative justice programs. For the purposes of simplicity, in this document …
Alberta Self-Represented Litigants Mapping Project: Final Re, Mary Stratton
Alberta Self-Represented Litigants Mapping Project: Final Re, Mary Stratton
Canadian Forum on Civil Justice
The “Self-Represented Litigants Access to Justice Mapping Project” (hereafter referred to as the Mapping Project) is designed to document the range of government and nongovernment services and supports currently available to self-represented litigants (SRLs) in Alberta. The mapping process also reveals issues surrounding current service delivery including gaps in present services and possible ways of bringing existing services more closely in-line with the needs of SRLs.
Continuum: Volume 26, Number 7 (Winter 2007), Osgoode Hall Law School Of York University
Continuum: Volume 26, Number 7 (Winter 2007), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …
Healing Fair Dealing?: A Comparative Copyright Analysis Of Canadian Fair Dealing To Uk Fair Dealing And Us Fair Use, Giuseppina D'Agostino
Healing Fair Dealing?: A Comparative Copyright Analysis Of Canadian Fair Dealing To Uk Fair Dealing And Us Fair Use, Giuseppina D'Agostino
Comparative Research in Law & Political Economy
As a result of the March 4, 2004 Supreme Court of Canada decision in CCH Canadian Ltd v Law Society of Upper Canada for the first time in Canadian copyright history, the court determined that Canadian law must recognize a user right to carry on exceptions generally and fair dealing in particular. This paper compares the Canadian fair dealing legislation and jurisprudence to that of the UK and the US. It is observed that because of CCH, the Canadian common law fair dealing factors are more flexible than those entrenched in the US. For the UK, certain criteria have emerged …
Transnational Consumer Law: Co-Regulation Of B2c-E-Commerce, Gralf-Peter Calliess
Transnational Consumer Law: Co-Regulation Of B2c-E-Commerce, Gralf-Peter Calliess
Comparative Research in Law & Political Economy
The nation states provide workable contract enforcement institutions for domestic commerce. Due to a lack of international cooperation the same does not hold true when it comes to cross-border situations. Thus, the institutional organization of international commerce is characterized by its reliance on private ordering or private legal services. Many believe that the emergence of a New Law Merchant can be observed in international commercial arbitration. This trend towards the privatization of commercial law, however, is believed to be limited to the sphere of corporate actors or merchants. When it comes to the protection of weaker contract parties like consumers, …
Alberta Legal Services Mapping Project: Brief Overview, Glynnis Lieb, Stephanie Abel
Alberta Legal Services Mapping Project: Brief Overview, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The Alberta Legal Services Mapping Project is a collaborative action research initiative undertaken by the Canadian Forum on Civil Justice in association with a broad partnership of justice community representatives. The research will lead to the creation of a province-wide “map” of legal services that provide to the Alberta public - information, education, legal advice, legal representation and/or other support or assistance related to legal problems. The map will include the central services provided by pro bono initiatives, clinics, public legal education services, courts, legal aid, the private Bar and social services relevant to the needs of users of the …
The Legal Problems Of Everyday Life: The Nature, Extent And Consequences Of Justiciable Problems Experienced By Canadians, Ab Currie
Canadian Forum on Civil Justice
The purpose of this project is to inform policy makers about the incidence of civil justice problems and the extent of unmet need for assistance that justiciable problems in civil matters might represent. The study assumes a broad view of civil justice problems and unmet need. The broad view looks at the problem of civil justice and access to justice in terms of the prevalence of civil justice problems in the population. This involves identifying, by means of a sample survey, civil justice problems people have experienced that meet some reasonable threshold of seriousness. The broad view contrasts with the …
Whither Community Justice?: The Rise Of Court-Connected Mediation In The United States, Colleen M. Hanycz
Whither Community Justice?: The Rise Of Court-Connected Mediation In The United States, Colleen M. Hanycz
Articles & Book Chapters
This paper traces the development of mediation in the United States along two distinct paths: the court-connected paradigm and the community justice paradigm. In the former, as a child of the labour arbitration movement, the link between mediation and the law appears to have been forged at conception. In the latter, we see two distinct branches: the 'Community Mediation Center' model and the neighborhood Justice Center' model. Of those illustrations of community justice, only the first has been strongly connected to the law and legal institutions, while the second strand has retained its institutional independence. These neighbourhood justice centres appear …
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Civil Justice Problems And The Disability And Health Status Of Canadians, Ab Currie
Civil Justice Problems And The Disability And Health Status Of Canadians, Ab Currie
Journal of Law and Social Policy
No abstract provided.
The Challenge Of Defining Unmet Legal Need, Liz Curran, Mary Anne Noone
The Challenge Of Defining Unmet Legal Need, Liz Curran, Mary Anne Noone
Journal of Law and Social Policy
No abstract provided.
Into The Future: Civil Justice Reform In Canada, 1996 To 2006 And Beyond, Margaret A. Shone
Into The Future: Civil Justice Reform In Canada, 1996 To 2006 And Beyond, Margaret A. Shone
Canadian Forum on Civil Justice
The two-part Conference Into the Future: The Agenda for Civil Justice Reform is sponsored by the Canadian Forum on Civil Justice (the Forum), the Canadian Bar Association (CBA) the Association of Canadian Court Administrators (ACCA), and the Canadian Institute for the Administration of Justice (CIAJ). Part 1 of the Conference was held in in Montreal from April 30 to May 2, 2006. Part 2 of the Conference will be held in Toronto from December 7 to 8, 2006.
Book Review: Feminism, Law, Inclusion. Intersectionality In Action, By Gayle Macdonald, Rachel L. Osborne And Charles C. Smith (Eds), Emily Grabham
Book Review: Feminism, Law, Inclusion. Intersectionality In Action, By Gayle Macdonald, Rachel L. Osborne And Charles C. Smith (Eds), Emily Grabham
Osgoode Hall Law Journal
No abstract provided.
Statement Of Principles On Self-Represented Litigants And Accused Persons, Canadian Judicial Council
Statement Of Principles On Self-Represented Litigants And Accused Persons, Canadian Judicial Council
Canadian Forum on Civil Justice
N/A
Balancing The Scales: Understanding Aboriginal Perspectives On Civil Justice, Mary Stratton
Balancing The Scales: Understanding Aboriginal Perspectives On Civil Justice, Mary Stratton
Canadian Forum on Civil Justice
As we visited each of the Civil Justice System and the Public research locations in Alberta, Nova Scotia, Ontario Quebec, Nunavut and British Columbia we contacted local Aboriginal organizations. We talked with Band Councils, Native Friendship Centres, Aboriginal legal aid programs, Native court workers, Aboriginal child welfare agencies and individuals involved in court cases. About 30 Aboriginal people took part in our key contact meetings and interviews that were transcribed and analysed to provide the first draft of this report. Some were members of a First Nation, some were Métis and others were Inuit. They lived on and off Reserves, …
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Research Note: All But One: Solo Dissents On The Modern Supreme Court Of Canada, Christine M. Joseph
Osgoode Hall Law Journal
It can be argued that the exercise of solo dissent on the Supreme Court of Canada is judicial disagreement at its apex-a single judge sitting on the highest court in the nation breaking away from his or her colleagues who have purportedly "gotten it wrong." By examining the practice of solo dissent in the Supreme Court of Canada over the last three decades, this research note provides insight into this unique form of judicial disagreement. Through construction of a typology of solo dissents, and by providing answers to important questions, such as how often judges render solo dissents and whether …
The South African Judicial Appointments Process, Penelope E. Andrews
The South African Judicial Appointments Process, Penelope E. Andrews
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Access To Care, Access To Justice: The Legal Debate Over Private Health Insurance In Canada, By Colleen M. Flood, Kent Roach And Lorne Sossin (Eds), Jean-Claude Killey
Book Notes: Access To Care, Access To Justice: The Legal Debate Over Private Health Insurance In Canada, By Colleen M. Flood, Kent Roach And Lorne Sossin (Eds), Jean-Claude Killey
Osgoode Hall Law Journal
No abstract provided.
"The Last Line Of Defence For Citizens": Litigating Private Health Insurance In Chaoulli V. Quebec, Christopher P. Manfredi, Antonia Maioni
"The Last Line Of Defence For Citizens": Litigating Private Health Insurance In Chaoulli V. Quebec, Christopher P. Manfredi, Antonia Maioni
Osgoode Hall Law Journal
Litigating health care policy under the Canadian Charter of Rights and Freedoms has become an increasingly common phenomenon. The judicialization of health policy in this form raises important questions about the general phenomenon of legal mobilization. This article examines these questions in the context of Chaoulli v. Quebec (2005), in which the Supreme Court invalidated Quebec's prohibition against private insurance for medical services provided through the public health care system. Among the questions this article explores are: How do such cases get into the judicial system? Under what conditions are such claims likely to be successful? What is the impact …