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Articles 421 - 450 of 746
Full-Text Articles in Entire DC Network
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
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 …
Taxing And Trading In Corporate Energy Activities: Pioneering Uk Reforms To Address Climate Change, Benjamin J. Richardson, Kiri L. Chanwai
Taxing And Trading In Corporate Energy Activities: Pioneering Uk Reforms To Address Climate Change, Benjamin J. Richardson, Kiri L. Chanwai
Articles & Book Chapters
The landscape of UK environmental law is changing rapidly, with important implications for British companies. In recent years, energy activities have surfaced from the relative backwaters of UK environmental regulation to occupy the limelight. The reason is climate change. As the scientific prognosis of global warming firmed, and evidence of the likely economic and ecological ramifications became better understood, authorities in the UK and abroad have sought new policies and laws to stem greenhouse gas emissions. European Union (EU) and international authorities have also come to regard our reliance on dirty fossil fuels and profligate energy consumption as the greatest …
Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker
Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker
Articles & Book Chapters
Despite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this …
The Coroner's Inquest As An Equality Rights Mechanism: A Case Study Of The May-Iles Coroner's Inquest Into Domestic Violence In Ontario, Fiona Sampson
The Coroner's Inquest As An Equality Rights Mechanism: A Case Study Of The May-Iles Coroner's Inquest Into Domestic Violence In Ontario, Fiona Sampson
Journal of Law and Social Policy
No abstract provided.
The Reality Beneath The Rhetoric: Probing The Discourses Surrounding The Safe Third Country Agreement, Lara Sarbit
The Reality Beneath The Rhetoric: Probing The Discourses Surrounding The Safe Third Country Agreement, Lara Sarbit
Journal of Law and Social Policy
No abstract provided.
Report On Giving: 2001 - 2002, Osgoode Hall Law School Of York University
Report On Giving: 2001 - 2002, Osgoode Hall Law School Of York University
Report on Giving
No abstract provided.
A Counter-Pedagogy For Social Justice: Core Skills For Community Lawyering, Shin Imai
A Counter-Pedagogy For Social Justice: Core Skills For Community Lawyering, Shin Imai
Articles & Book Chapters
An important component of lawyering for social justice is working in communities. In addition to conventional skills, such as legal analysis and litigation, community-based lawyers need skills not taught in the mainstream curriculum. This article describes a counter-pedagogy for teaching students three core skills for community lawyering: how to collaborate with members of the community, how to acknowledge personal identity, race and emotion, and how to take a community perspective on legal problems. The author argues that these skills cannot be taught in isolation, but should be integrated into the teaching itself, including the teaching of substantive areas of the …
National Traditions In Labor Law Scholarship: The Canadian Case, Harry W. Arthurs
National Traditions In Labor Law Scholarship: The Canadian Case, Harry W. Arthurs
Articles & Book Chapters
No abstract provided.
Legal Aid, Frederick H. Zemans
Babies As Bargaining Chips - In Defence Of Birthright Citizenship In Canada, Sarah Buhler
Babies As Bargaining Chips - In Defence Of Birthright Citizenship In Canada, Sarah Buhler
Journal of Law and Social Policy
No abstract provided.
Book Review: Poverty Bonds, By P. W. Burman, Jeffrey Schlemmer
Book Review: Poverty Bonds, By P. W. Burman, Jeffrey Schlemmer
Journal of Law and Social Policy
No abstract provided.
Book Review: Gender, Choice And Commitment: Women Solicitors In England And Wales And The Struggle For Equal Status, By Hilary Sommerlad And Peter Sanderson, Mary Jane Mossman
Book Review: Gender, Choice And Commitment: Women Solicitors In England And Wales And The Struggle For Equal Status, By Hilary Sommerlad And Peter Sanderson, Mary Jane Mossman
Osgoode Hall Law Journal
No abstract provided.
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
The Nullification Of Section 718.2(E): Aggravating Aboriginal Over-Representation In Canadian Prisons, Renee Pelletier
Osgoode Hall Law Journal
This article considers the disproportionate incarceration rate of Aboriginal offenders in Canadian prisons and the effectiveness of Parliament's attempts at alleviating this problem through the enactment of section 718.2(e) of the Criminal Code. This article focuses primarily on two recent Supreme Court of Canada decisions-R. v. Gladue and R. v. Wells. It is argued that the Court's narrow view of systemic factors, the Imitation it places on section 718.2(e) through its discussion of serious offences, as well as a number of practical problems inherent in the framework provided by the Court, strip the provision of its remedial intent. The article …
Mandatory Minimum Prison Sentencing And Systemic Racism, Faizal R. Mirza
Mandatory Minimum Prison Sentencing And Systemic Racism, Faizal R. Mirza
Osgoode Hall Law Journal
This article discusses the relationship between racist policing, the exercise of prosecutorial discretion, and the disproportionate imposition of mandatory prison sentences on Black-Canadians It argues that the retention and expansion of mandatory prison sentences for serious offences will serve as a powerful means to perpetuate systemic racism in the criminal justice system. Reporting and applying surveys on systemic racism in the criminal justice system, the article sets out to demonstrate that mandatory prison sentences enhance the quasi-judicial role of prosecutors, providing Crown attorneys with greater leverage to convict a disproportionate number of Black persons. In addition, it argues that if …
Searching For Smith: The Constitutionality Of Mandatory Sentences, Kent Roach
Searching For Smith: The Constitutionality Of Mandatory Sentences, Kent Roach
Osgoode Hall Law Journal
The jurisprudence of the Supreme Court of Canada on the constitutionality of mandatory minimum sentences, from R. v. Smith to R. v. Latimer, is reviewed and assessed in light of relevant developments in constitutional law and sentencing. These include the Supreme Courts increasing interest in constitutional minimalism and corresponding reluctance to rely on hypothetical offenders and facial declarations of invalidity. The manner in which the Court's increasing concern for crime victims and fault levels has been used to justify upholding mandatory sentences is examined. The author also relates this jurisprudence to trends in sentencing, including an increasing acceptance of mandatory …
Continuum: Volume 25, Number 1 (Winter 2001), Osgoode Hall Law School Of York University
Continuum: Volume 25, Number 1 (Winter 2001), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
Judgment Proofing The Profession, Poonam Puri
Judgment Proofing The Profession, Poonam Puri
Articles & Book Chapters
In the law of business organizations, individuals have generally been unrestrained in choosing which legal form they will use to carry on productive endeavors. Professionals, however, have not been afforded such freedom. They have found themselves prohibited by their self-regulatory bodies from practicing their profession in a corporate form. As a result, members of professions have practiced either as sole practitioners or in partnership with other members of the same profession. Professionals practicing in partnership expose themselves to personal liability for the obligations of the partnership and wrongdoing by their partners. This Article analyzes the rise of limited liability partnerships …
Taking Stock Of Taking Stock, Poonam Puri
Taking Stock Of Taking Stock, Poonam Puri
Articles & Book Chapters
Silicon Valley law firms were among the first to experiment with taking stock in their technology start-up clients. They were followed by law firms in other financial centers in the United States and Canada, as well as more conservative law firms in England and the rest of Europe. This Article critically analyzes the practice of lawyers taking equity in their clients as compensation for legal services. First, it explains that equity billing can provide significant private benefits to law firms and clients, and can also provide indirect public benefits. Second, it argues that equity billing can be usefully analogized to …
The State We’Re In: Legal Education In Canada’S New Political Economy, Harry W. Arthurs
The State We’Re In: Legal Education In Canada’S New Political Economy, Harry W. Arthurs
Articles & Book Chapters
No abstract provided.
The Ontario Human Rights Code And The Right To Accommodation In The Workplace For Employees With Disabilities, Judith Keene
The Ontario Human Rights Code And The Right To Accommodation In The Workplace For Employees With Disabilities, Judith Keene
Journal of Law and Social Policy
No abstract provided.
Women's Voices Being Heard: Responsive Lawyering, Susan Mcdonald, Pamela Cross
Women's Voices Being Heard: Responsive Lawyering, Susan Mcdonald, Pamela Cross
Journal of Law and Social Policy
No abstract provided.
Organizing For Accountability: Community Legal Clinics And Police Complaints, Irina Ceric
Organizing For Accountability: Community Legal Clinics And Police Complaints, Irina Ceric
Journal of Law and Social Policy
No abstract provided.
The Ontario Tenant Protection Act: A Trust Betrayed, Elinor Mahoney
The Ontario Tenant Protection Act: A Trust Betrayed, Elinor Mahoney
Journal of Law and Social Policy
No abstract provided.
Legal Ethics And Moral Dilemmas: Strategizing Around Race In The Provision Of Client Service, Richelle Samuel
Legal Ethics And Moral Dilemmas: Strategizing Around Race In The Provision Of Client Service, Richelle Samuel
Journal of Law and Social Policy
No abstract provided.
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Osgoode Hall Law Journal
The recent appearance of recruiters from Wall Street firms at several Canadian law schools, and the recent hiring by American law schools of several mid-career Canadian law professors, has created a "moral panic" as journalists, academics and law firms have expressed great concern over the loss of Canada's "best and brightest" to the United States. Properly understood as part of a larger debate about globalization and regional economic integration, these developments are less important in themselves than for what they reveal about the present and future of the Canadian state, and the Canadian business community, legal profession and universities.
The Legal Regulation Of Adult Personal Relationships: Evaluating Policy Objectives And Legal Options In Federal Legislation, Brenda Cossman, Bruce Ryder
The Legal Regulation Of Adult Personal Relationships: Evaluating Policy Objectives And Legal Options In Federal Legislation, Brenda Cossman, Bruce Ryder
Commissioned Reports, Studies and Public Policy Documents
Few would dispute that adult personal relationships characterized by caring and commitment ought to be recognized and supported by the state because of their fundamental importance to the well-being of individuals and communities. The law has long sought to identify these relationships by reference to ties of blood, marriage or adoption. Contemporary norms, however, value adult personal relationships by reference to their qualitative attributes rather than their formal legal status. This shift in normative assumptions has accompanied profound shifts in Canadians’ living arrangements over the course of the last thirty years. We have witnessed a decline in the marriage rate, …
The Community Legal Clinic Quality Assurance Program: An Innovative Experience In Quality Assurance In Legal Aid, Frederick H. Zemans
The Community Legal Clinic Quality Assurance Program: An Innovative Experience In Quality Assurance In Legal Aid, Frederick H. Zemans
Articles & Book Chapters
The issue of quality in the provision of legal services to low income individuals has become an area of increasing concern and investigation in a number of different jurisdictions around the world. In Ontario, this issue has been addressed, at least in part, through the implementation of a formal quality assurance program providing for regular quality monitoring and control in the province's community legal clinic system. Anecdotal evidence indicates that the program, which has completed in-depth site visits at over one-third of the province's 70 community clinics, has had a beneficial effect on individual clinics and the clinic system as …
New Brunswick (Minister Of Health And Community Services) V. G.(J.): En Route To More Equitable Access To The Legal System, Patricia Hughes
New Brunswick (Minister Of Health And Community Services) V. G.(J.): En Route To More Equitable Access To The Legal System, Patricia Hughes
Journal of Law and Social Policy
No abstract provided.
L'Intégration Des Valeurs Et Des Intérêts Autochtones Dans Le Discours Judiciaire Et Normatif Canadien, Andrée Lajoie, Eric Gélineau, Isabelle Duplessis, Guy Rocher
L'Intégration Des Valeurs Et Des Intérêts Autochtones Dans Le Discours Judiciaire Et Normatif Canadien, Andrée Lajoie, Eric Gélineau, Isabelle Duplessis, Guy Rocher
Osgoode Hall Law Journal
This article aims to define the degree to which values presented by groups representing Aboriginal interests in the Supreme Court of Canada have been integrated into the discourse of the Court and the decisions of political actors in Canada. The authors' analysis confirms the hypothesis that the Court, in contrast to its favourable treatment of private claims made by social minorities, is less receptive to the claims made by Aboriginals, a political minority whose claims are centered on political power and territory, issues that have been relegated to political negotiations. The significant difference between judicial and political decisionmakers concerning Aboriginal …
Options In Consumer Bankruptcy: An American Perspective, Jean Braucher
Options In Consumer Bankruptcy: An American Perspective, Jean Braucher
Osgoode Hall Law Journal
In both the United States and Canada, a rapid increase in personal bankruptcies has led to demands for stricter laws to force more repayment by consumer debtors. Canada has already taken this step, while the United States may soon do so in response to the counterfactual claim that the problem is debtors with means using bankruptcy as "a method of financial planning." The author suggests that the real problem in both countries, however, is an increase in the ranks of the over-indebted. Bankruptcy is a symptom, signalling to creditors the need to reform themselves. The author concludes that if creditors …