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Book Notes: How Lawyers Lose Their Way:A Profession Fails Its Creative Minds, By Jean Stefancic And Richard Delgado, Stefania Arlotto

Osgoode Hall Law Journal

No abstract provided.

Book Notes: Access To Justice, By Deborah L. Rhode, Sarah Jacobs

Osgoode Hall Law Journal

No abstract provided.

Judicial Independence Revisited, Lori Sterling, Sean Hanley

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Nothing New In The (North) East? Interpreting The Rhetoric And Reality Of Japanese Corporate Governance, Luke R. Nottage

Comparative Research in Law & Political Economy

Japan finally seems to be pulling itself out of its "lost decade" (and a half) of economic stagnation. Some grudgingly or triumphantly attribute this to micro-economic reforms, freeing up arthritic markets, although there is also evidence that macro-economic policy failures have been a major cause of poor performance since the 1990s. Many point to overlapping transformations in corporate governance, broadly defined to cover relationships among managers and employees as well as between firms and outside shareholders, creditors, and other stakeholders. These relationships are in flux, with moves arguably favouring shareholders and more market-driven control mechanisms. It has certainly been a …

Constitutional Cases 2005: An Overview, Patrick J. Monahan, Christian Kurtz

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Continuum: Volume 25, Number 6 (Winter 2006), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

The "Ambitious Modesty" Of Harry Arthurs' Humane Professionalism, Julian Webb

Osgoode Hall Law Journal

This article revisits Law and Learning, the 1983 Report of the Consultative Committee on Research and Education in Law, chaired by Harry Arthurs. The Arthurs Report set an ambitious agenda which sought, through the reform of legal education and scholarship, the cultivation of a "humane professionalism." That it met with limited success reflects a number of systemic problems with legal education, and the Report's own failure to address some critical issues, notably legal pedagogy. Nevertheless, the article argues that in the context of today's increasingly complex, pluralistic, and globalized environment, the law schools need humane professionalism more than ever. It …

Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans

Commissioned Reports, Studies and Public Policy Documents

Report submitted to Legal Aid Ontario.

The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand

Osgoode Hall Law Journal

This article concerns the ascertainment by judges of normative facts that emanate from within foreign legal orders and must be taken into consideration in the interpretation of domestic rules. The author proposes an analytical approach which is based on three ideas. First, judges must remain in control of the process aimed at ascertaining such facts. Because the interpretation of domestic rules is at stake, they cannot remain passive and rule solely on the basis of the information adduced by the parties, as they normally do while ascertaining the contents of foreign rules under a classic conflict of laws scenario. Second, …

A National Survey Of The Civil Justice Problems Of Low And Moderate Income Canadians: Incidence And Patterns, Ab Currie

Canadian Forum on Civil Justice

This is a study of problems having legal aspects experienced by low and moderate income Canadians. The main objectives of the study are to determine the incidence of law-related problems among this segment of the population and the social and demographic groups that are most vulnerable to problems. The paper attempts to shed some light on that very elusive subject, unmet need for assistance with law-related problems.

Legalized Age Discrimination, Thomas R. Klassen, C.T. Gillin

Journal of Law and Social Policy

No abstract provided.

Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans

Books

This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions.

Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.

The Spider, The Bee, The Snail And The Camel: Legal Knowledge, Practise, Culture, Institutions And Power In A Changing World, Harry W. Arthurs

Comparative Research in Law & Political Economy

This keynote address, delivered on the occasion of the 5th Canadian Graduate Law Students Conference, held in Toronto on May 6.7, 2005, addresses the challenges for legal theory, legal practice and education in a globalized environment. Legal education is described as deeply embedded in the changing political economy of legal scholarship and legal practice. With increased subjection of law schools to allegedly clearly definable market demands, strong winds blow through the law schools in North-America and elsewhere. From the LL.B./J.D. program through graduate studies, curricular reform becomes enmeshed in larger considerations of greater inter-school competition and greater compatibility to the …

A Core Curriculum For The Transnational Legal Education Of Jd And Llb Students: Surveying The Approach Of The International, Comparative And Transnational Law Program At Osgoode Hall Law School, Craig Scott

Articles & Book Chapters

My task is simple enough: to approach the question whether there is a core JD or LLB curriculum for transnational lawyers by briefly narrating Osgoode Hall Law School's experiment with the International Comparative and Transnational (ICT) Law Program that began four years ago.' By way of a preface, I hasten to make two points. The first point to note is that Osgoode's ICT Program is, to date, not mandatory for all our LL.B. students but, rather, an optional specialization; currently, about one-quarter of each year's entering class of around 280 students choose to take enter the program by taking the …

Reversal Of Fortune: Litigating Health Care Reform In Auton V. British Columbia, Christopher P. Manfredi, Antonia Maioni

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

In June 2004 the Supreme Court heard oral arguments in Chaoulli v.Quebec (Attorney General) and Auton (Guardian ad litem of) v. British Columbia (Attorney General). at issue in Chaoulli was the constitutionality of legal restrictions on the private provision of health care; at issue in Auton was the constitutionality of British Columbia’s decision not to fund a specific treatment for autism within its public health care system. Chaoulli and Auton are the most visible manifestations of an increasingly common phenomenon: The use of rights-based litigation as an instrument of health care policy reform. This paper focuses on Auton as an …

Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans

Articles & Book Chapters

This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …

Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin

Articles & Book Chapters

Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility as well as the roles and responsibilities of parties in civil litigation. The three existing models of rule-making are court-led, where a majority of government officials, and collaborative, which lacks an evident majority of either. These rule-making bodies do not control court fees, the executive does, but in a system with any model, the judiciary always has …

Book Notes: Lawyers And Vampires: Cultural Histories Of Legal Professions, W. Wesley Pue And David Sugarman (Eds), Sue-Anne Fox

Osgoode Hall Law Journal

No abstract provided.

The Ipperwash Inquiry - Symposium On Government/Police Relations: Agenda

Conferences and Workshops

No abstract provided.

Continuum: Volume 25, Number 4 (Winter 2004), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai

Articles & Book Chapters

In the recent Canada Business Corporations Act' amendments implementing a proportionate liability scheme, auditors appear to be winners. This is consistent with the trend in the past several years as a result of which Canadian auditors have been successful in narrowing the scope of their liability both through legislation and through common law. Going forward, however, it is fair to say that auditors will be losers unless the accounting profession re-evaluates its role and responsibilities to its stakeholders. Given the accounting and corporate governance scandals North America has witnessed in the past few years, as well as the actual and …

Providing Services To Clients With Serious Mental Illness: New Challenges And Opportunities For Community Legal Clinics, Lora M. Patton

Journal of Law and Social Policy

No abstract provided.

The Role Of Plei In Poverty Law Services, Susan E. Mcdonald

Journal of Law and Social Policy

No abstract provided.

The Critical Characteristics Of Community Legal Aid Clinics In Ontario, Lenny Abramowicz

Journal of Law and Social Policy

No abstract provided.

A Response To "The Critical Characteristics Of Community Legal Aid Clinics In Ontario", Michael Cormier

Journal of Law and Social Policy

No abstract provided.

Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson

Osgoode Hall Law Journal

Discusses the role of judges when cases of civil disobedience are brought before the court.

Continuum: Volume 25, Number 3 (Winter 2003), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Constitutional Recognition Of The Role Of The Attoney General In Criminal Prosecutions: Krieger V. Law Society Of Alberta, Lori Sterling, Heather Mackay

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.

Governing The Canadian State: The Constitution In An Era Of Globalization, Neo-Liberalism, Populism, Decentralization And Judicial Activism, Harry W. Arthurs

Articles & Book Chapters

Viewer discretion is advised. I am going to offer you a perspective on the constitution which is stranger even than the Trudeau vision which twenty years ago sparked his epic battles with Merv Leitch and Peter Lougheed over the National Energy Policy, the Charter, and repatriation of the Constitution. And worse yet, though I worry about the Constitution, I do not know much about it; I do not often write about it, and as I will demonstrate in a moment, I am not even sure what it is. I did, however, read something recently in a book on modern European …

Consumption Taxation Of Electronic Commerce: Problems, Policy Implications, And Proposals For Reform, Jinyan Li

Articles & Book Chapters

No abstract provided.