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Articles 451 - 480 of 746
Full-Text Articles in Entire DC Network
Consumer Bankruptcy In Comparison: Do We Cure A Market Failure Or A Social Problem, Johanna Niemi-Kiesilainen
Consumer Bankruptcy In Comparison: Do We Cure A Market Failure Or A Social Problem, Johanna Niemi-Kiesilainen
Osgoode Hall Law Journal
The Continental European and Scandinavian bankruptcy laws did not have provisions enabling the discharge of debt until quite recently. While bankruptcy law did not specifically exclude consumer debtors, in the absence of discharge, consumer bankruptcy was meaningless and rare. After the deregulation of credit markets in the 1980s, many west European countries faced a huge increase in consumer debt problems. Several countries passed consumer debt adjustment laws during the late 1980s and 1990s. Unlike the North American consumer bankruptcy laws, the European laws attach moral attributes to the access to adjustment procedures, which require a mandatory payment plan, and offer …
"After A Thorough And Sympathetic Review": The State Of Humanitarian Applications In Canada, Michael Bossin
"After A Thorough And Sympathetic Review": The State Of Humanitarian Applications In Canada, Michael Bossin
Journal of Law and Social Policy
No abstract provided.
Dealing With The Aftermath Of The Workplace Safety And Insurance Act, 1997, Garth Dee
Dealing With The Aftermath Of The Workplace Safety And Insurance Act, 1997, Garth Dee
Journal of Law and Social Policy
No abstract provided.
Can Community Clinics Survive?: A Comparative Study Of Law Centres In Australia, Ontario And England, Frederick H. Zemans, Aneurin Thomas
Can Community Clinics Survive?: A Comparative Study Of Law Centres In Australia, Ontario And England, Frederick H. Zemans, Aneurin Thomas
Articles & Book Chapters
This Chapter grows out of the authors' research into contemporary developments in legal aid in Canada and the international environment. It focuses particularly on community clinics and their equivalents jn Australia, Ontario and England. All three jurisdictions have adapted the American store-front legal clinic model to the needs and legal cultures of their society. Jn Ontario and England, legal aid has been dominated by the j udicare system, emphasising the case-by-case delivery of legal services by private members of the legal profession (Zemans, 1994). J\.ustralia has a mixed model, in which over half of individual casework is dealt with by …
"Special Circumstances": Teens, Welfare And Politics In Ontario During The 1990s, R. Blake Brown
"Special Circumstances": Teens, Welfare And Politics In Ontario During The 1990s, R. Blake Brown
Journal of Law and Social Policy
No abstract provided.
Financing Of Litigation By Third-Party Investors: A Share Of Justice?, Poonam Puri
Financing Of Litigation By Third-Party Investors: A Share Of Justice?, Poonam Puri
Osgoode Hall Law Journal
This article addresses the issue of the funding of civil litigation within the framework of access to justice and the normative goal of increasing access to the civil justice system. The author critically analyzes and cautiously advances the case for the recent development of the financing of litigation by third-party investors. The argument is that investor financing has the potential to increase access to the civil justice system by ameliorating the economic barriers to litigation. The author evaluates investor financing against existing public and private models of financing litigation such as legal aid plans, litigation subsidy funds, and contingent fee …
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton
Osgoode Hall Law Journal
Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the "new economy," which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or "technocentrism," has enabled corporatism to evade …
C 26 Legal Aid Services Act, 1998/Loi De 1998 Sur Les Services D'Aide Juridique, Ontario
C 26 Legal Aid Services Act, 1998/Loi De 1998 Sur Les Services D'Aide Juridique, Ontario
Ontario: Annual Statutes
No abstract provided.
Taking It Personally: Legal Ethics And Client Selection, Allan C. Hutchinson
Taking It Personally: Legal Ethics And Client Selection, Allan C. Hutchinson
Articles & Book Chapters
No abstract provided.
Legal Ethics For A Fragmented Society: Between Professional And Personal, Allan C. Hutchinson
Legal Ethics For A Fragmented Society: Between Professional And Personal, Allan C. Hutchinson
Articles & Book Chapters
The legal profession has never been much loved. From Plato through Charles Dickens to Tom Wolfe, literature attests eloquently to its impugned status. As much envied as reviled, the reputation and prestige of lawyers is now considered by many to be at an all-time low. Its image as a noble and honourable profession is in tatters. Society tends to view lawyers as a rich and elite profession that is more interested in its own pocketbook than the public interest. The number of savage jokes about lawyers would be funny if they did not touch a raw nerve: after all, humour …
From Crisis To Reform: Legal Aid Policy-Making In The 1990'S, Mary Jane Mossman
From Crisis To Reform: Legal Aid Policy-Making In The 1990'S, Mary Jane Mossman
Articles & Book Chapters
No abstract provided.
Book Review: From Crisis To Reform: A New Legal Aid Plan For Ontario, Mary Jane Mossman
Book Review: From Crisis To Reform: A New Legal Aid Plan For Ontario, Mary Jane Mossman
Articles & Book Chapters
This is a review of From Crisis to Reform: A New Legal Aid Plan for Ontario, a report funded by the Donner Canadian Foundation.
The Political Economy Of Canadian Legal Education, Harry W. Arthurs
The Political Economy Of Canadian Legal Education, Harry W. Arthurs
Articles & Book Chapters
No abstract provided.
One Step Forward, Two Steps Back : The Political And Institutional Dynamics Behind The Supreme Court Of Canada's Decisions In R. V. Sparrow, R V. Van Der Peet And Delgamuuku V. British Columbia, Jonathan Rudin
Journal of Law and Social Policy
No abstract provided.
Little House Of Horrors: Discrimination Against Boarding Home Tenants - Human Rights Legislation And The Charter, Meghan Mccreary
Little House Of Horrors: Discrimination Against Boarding Home Tenants - Human Rights Legislation And The Charter, Meghan Mccreary
Journal of Law and Social Policy
No abstract provided.
The International Labour Organization And The Worker's Compensation Reform Act: Conflict Between International Responsibility For Human Rights And Divided Jurisdiction, Edward M. Hyland
Journal of Law and Social Policy
No abstract provided.
The Undocumented Convention Refugees In Canada Class: Creating A Refugee Underclass, Julia Dryer
The Undocumented Convention Refugees In Canada Class: Creating A Refugee Underclass, Julia Dryer
Journal of Law and Social Policy
No abstract provided.
Celebrating A Quarter Century Of Community Legal Clinics In Ontario, R. Roy Mcmurtry
Celebrating A Quarter Century Of Community Legal Clinics In Ontario, R. Roy Mcmurtry
Osgoode Hall Law Journal
No abstract provided.
Foreword, Mitchell Flagg
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
The Dream Is Still Alive: Twenty-Five Years Of Parkdale Community Legal Services And The Osgoode Hall Law School Intensive Program In Poverty Law, Frederick H. Zemans
Osgoode Hall Law Journal
Over twenty-five years have passed since Parkdale Community Legal Services opened its doors in Toronto, changing the face of poverty law and clinical legal education in Ontario. This article details the formative years of the Parkdale clinic and its ongoing partnership with Osgoode Hall Law School. Despite initial opposition from the legal profession the clinic has survived, evolving into an innovative educational tool and delivery model of legal services. The clinic has become an essential component of the mixed Ontario legal aid system and a pattern for other clinics and clinical education programs in Canada. This article documents the considerations …
Parkdale Community Legal Services: A Dream That Died, Doug Ewart
Parkdale Community Legal Services: A Dream That Died, Doug Ewart
Osgoode Hall Law Journal
The people of Parkdale have once again been ripped-off. This time, however, it was not by a bunch of villain-hearted nasties from the welfare department or violence-prone heavies from the police department. This time it was by Osgoode Hall Law School.
Pajelle Investments Ltd. V. Herbold: On The Importance Of Having A Convenient Enemy, Brian Bucknall
Pajelle Investments Ltd. V. Herbold: On The Importance Of Having A Convenient Enemy, Brian Bucknall
Osgoode Hall Law Journal
No abstract provided.
The Transformative Potential Of Clinical Legal Education, Lucie E. White
The Transformative Potential Of Clinical Legal Education, Lucie E. White
Osgoode Hall Law Journal
No abstract provided.
Remarks Delivered Following The Chief Justice, Judith Penfold, Ruth I. Wahl, Paul D. Copeland, E. Susan Elliott, Larry Taman, Gerald Le Dain, Penny Cader
Remarks Delivered Following The Chief Justice, Judith Penfold, Ruth I. Wahl, Paul D. Copeland, E. Susan Elliott, Larry Taman, Gerald Le Dain, Penny Cader
Osgoode Hall Law Journal
No abstract provided.
Opinion...Parkdale: I Didn't See It That Way, Jeffery Wilson
Opinion...Parkdale: I Didn't See It That Way, Jeffery Wilson
Osgoode Hall Law Journal
No abstract provided.
Disabling Tenants' Rights, Elinor Mahoney
Disabling Tenants' Rights, Elinor Mahoney
Osgoode Hall Law Journal
No abstract provided.
The Cases Of Ward And Chan, Ron Shacter
The Cases Of Ward And Chan, Ron Shacter
Osgoode Hall Law Journal
Parkdale Community Legal Services has had an Immigration and Refugee division since 1989. The immigration division is one of the busiest divisions. The group represents refugee claimants, with an overall priority of women fleeing abuse in their country of nationality. The group also advocates for clients in family reunification and landing matters and represents clients in their applications for landing on humanitarian and compassionate grounds. Law reform work includes continued work with the Toronto Coalition Against Racism and the Canadian Council for Refugees to build responses to the Head Tax, Safe Third Country Agreement, and the new identification and delayed …
Parkdale Community Legal Services: An Investment In Legal Education, Marilyn L. Pilkington
Parkdale Community Legal Services: An Investment In Legal Education, Marilyn L. Pilkington
Osgoode Hall Law Journal
No abstract provided.
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Twenty-Five Years Of Dynamic Tension: The Parkdale Community Legal Services Experience, Shelley A.M. Gavigan
Osgoode Hall Law Journal
Parkdale Community Legal Services has been the site of initiatives, challenges, and historic accomplishments in the areas of community-based poverty law, community organizing and law reform, and clinical legal education. In this article, the author takes the occasion of the clinic's twenty-fifth anniversary to consider some of the events and issues that shaped Parkdale's history. Drawing on a range of sources, including evaluations and reports, student writing, and scholarly publications, the author examines the issues and debates that PCLS has sparked at Osgoode Hall Law School, and some of the ground it has broken more generally in its work. The …
Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher
Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher
Osgoode Hall Law Journal
There is much in legal education which contributes to lawyering practices that are fundamentally at odds with the formation of social movements. These practices include the "individualization" of client problems; the reshaping of the realities of clients' lives into legal categories or boxes; the commitment to instrumentalism (that is, to securing a favourable legal result); and lawyer domination and control and the correlates of client silence and passivity. The genesis for these features of dominant lawyering practices can be traced, at least in part, to legal education. More specifically, legal education's emphasis upon doctrinal analysis, its tendency to trade upon …