Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Osgoode Hall Law School of York University

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 91 - 120 of 746

Full-Text Articles in Entire DC Network

Artificially Intelligent Copyright: Rethinking Copyright Boundaries, Aviv Hertzel Gaon Jul 2019

Artificially Intelligent Copyright: Rethinking Copyright Boundaries, Aviv Hertzel Gaon

PhD Dissertations

My dissertation explores the legal boundaries of copyright law in the wake of artificial intelligence (AI) technology. In building the theoretical foundations for my dissertation, I go through several key phases. First, I highlight important historical events and milestones in AI. I further develop the philosophical debate on AI legal personhood and deliberate whether we are approaching a singularity the next stage of AI evolution. I also explore the concept of AI as it matured through the years. In the second part, I theorize how AI can be regarded as an author under IP normative standards. Part of accepting the …

Go to article

Issue 2: Imagining A Community-Led, Multi-Service Delivery Model For Ontario Child Welfare: A Framework For Collaboration Among African Canadian Community Partners, Jennifer Clarke, Julian Hasford, Leyland Gudge, Sonia Mills-Minster Feb 2019

Issue 2: Imagining A Community-Led, Multi-Service Delivery Model For Ontario Child Welfare: A Framework For Collaboration Among African Canadian Community Partners, Jennifer Clarke, Julian Hasford, Leyland Gudge, Sonia Mills-Minster

Journal of Law and Social Policy

This article imagines a new model for child welfare in Ontario, specifically for African Canadian children, youth, and families. Throughout the article, we discuss both what needs to be changed and how those changes can be achieved, including the development and implementation of community-led organizational structures, programs, and services, and the restructuring of government-community relations and funding allocation, to enable African Canadian community-based agencies to deliver preventative, culturally relevant, family-centred supportive services to African Canadians. The article outlines the development of a community-led, multi-service delivery model for Ontario child welfare, and the potential challenges and opportunities for the delivery of …

Go to article

Prometheus, Sisyphus, Themis: Three Futures For Legal Education Research, Paul Maharg Jan 2019

Prometheus, Sisyphus, Themis: Three Futures For Legal Education Research, Paul Maharg

Articles & Book Chapters

In almost every jurisdiction regulatory review of legal education has become more complex. It has not been matched by concomitant increase in the sophistication and complexity of the empirical research base, nor in the organisation of that research. As we pointed out in the LETR Report (2013), there are significant gaps in legal educational research. There is little co-ordination of research initiatives between academy and regulatory bodies on a sustained basis. There is little organisation by the academy of the increasing volume of research that it produces on legal education: a significant lack of longitudinal studies, very few ongoing and …

Go to article

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack Jan 2019

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, John Grundy, Andrea M. Noack

Articles & Book Chapters

This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.

Go to article

Continuum: Volume 43 (Winter 2019), Osgoode Hall Law School Of York University Jan 2019

Continuum: Volume 43 (Winter 2019), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Go to article

Special Report - From Start-Up To Scale-Up: A Report On The Innovation Clinic In Canada, Giuseppina D'Agostino Jan 2019

Special Report - From Start-Up To Scale-Up: A Report On The Innovation Clinic In Canada, Giuseppina D'Agostino

Commissioned Reports, Studies and Public Policy Documents

Intellectual property (IP) legal clinics play a crucial role in helping Canadian inventors and entrepreneurs bring their inventions to market while strengthening the foundations of the country’s innovation ecosystem. IP legal clinics provide pro bono IP information and assistance to under-resourced inventors who are not served by the profession. At the same time, when based at law schools, these clinics provide experiential learning opportunities to law students who want to work in the IP profession, which contributes to their career development and increases their legal and interpersonal acumen. These client and student-facing goals improve the ability of Canadians to recognize, …

Go to article

Of Tails And Dogs: Standards, Standardisation And Innovation In Assessment, Paul Maharg, Julian Webb Jan 2019

Of Tails And Dogs: Standards, Standardisation And Innovation In Assessment, Paul Maharg, Julian Webb

Articles & Book Chapters

The title of the conference from which some of the chapters in this book spring was '50 Years of Assessment in Legal Education'. The conference was an opportunity to look back, but also to look forward and think about how our legacy was formed in the last half century, and what of it we wanted to carry forward and shape differently in the future. In this chapter, we shall begin by giving a brief snapshot of legal education reform movements currently taking place in the Common Law world. We shall take one example of a recent consultation project in England …

Go to article

Critical Perspectives On The Scholarship Of Assessment And Learning In Law: Introduction - Legal Education Assessment In England, Alison Bone, Paul Maharg Jan 2019

Critical Perspectives On The Scholarship Of Assessment And Learning In Law: Introduction - Legal Education Assessment In England, Alison Bone, Paul Maharg

Articles & Book Chapters

In this Introduction, we set out some of the innovative practices and themes arising from assessment in legal education in England. It is fair to say that assessment theory has not attracted the same rigorous analysis and implementation that has attended the subject in other disciplines such as medical education. Much of the theoretical innovations tend to be syncretic, adaptations from other disciplines. Nevertheless, there are examples of genuine innovations when England is viewed alongside other jurisdictions, and where it has occurred we have noted it in this Introduction. Needless to say, but we shall say it anyway the field …

Go to article

The Employment Standards Enforcement Gap And The Overtime Pay Exemption In Ontario, Mark P. Thomas, Leah F. Vosko, Eric Tucker, Mercedes Steedman, Andrea M. Noack, John Grundy, Mary Gellatly, Lisa Leinveer Jan 2019

The Employment Standards Enforcement Gap And The Overtime Pay Exemption In Ontario, Mark P. Thomas, Leah F. Vosko, Eric Tucker, Mercedes Steedman, Andrea M. Noack, John Grundy, Mary Gellatly, Lisa Leinveer

Articles & Book Chapters

Employment Standards (es) legislation sets minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. es legislation is designed to provide minimum workplace protections, particularly for those with little bargaining power in the labour market. In practice, however, es legislation includes ways in which legislated standards may be avoided, including through exemptions that exclude specified employee groups, fully or partially, from legislative coverage. With a focus on the Ontario Employment Standards Act, this article develops a case study of exemptions to the overtime pay provision of the act and regulations …

Go to article

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark Thomas, John Grundy, Andrea M. Noack Jan 2019

Carrying Little Sticks: Is There A ‘Deterrence Gap’ In Employment Standards Enforcement In Ontario, Canada?, Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark Thomas, John Grundy, Andrea M. Noack

Articles & Book Chapters

This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.

Go to article

Winning The Right To Housing : Critical Reflections On A Holistic Approach To Public Interest Litigation, Fay Faraday, Tracy Heffernan, Helen Luu Jan 2019

Winning The Right To Housing : Critical Reflections On A Holistic Approach To Public Interest Litigation, Fay Faraday, Tracy Heffernan, Helen Luu

Articles & Book Chapters

No abstract provided.

Go to article

Critical Perspectives On The Scholarship Of Assessment And Learning In Law: Preface, Craig Collins, Vivien Holmes, Paul Maharg Jan 2019

Critical Perspectives On The Scholarship Of Assessment And Learning In Law: Preface, Craig Collins, Vivien Holmes, Paul Maharg

Articles & Book Chapters

In this Preface to the first volume of the series Assessment in Legal Education, we outline the scope of the series, the reasons for its development and the ways it may assist those involved with legal education generally.

Go to article

Osgoode Syllabus Of Courses And Seminars: 2019 - 2020, Office Of Student Services Jan 2019

Osgoode Syllabus Of Courses And Seminars: 2019 - 2020, Office Of Student Services

Syllabi

No abstract provided.

Go to article

Ten Ideas For Community Based Justice, Ab Currie Dec 2018

Ten Ideas For Community Based Justice, Ab Currie

Canadian Forum on Civil Justice

Community-based legal services have long been a part of national legal services programs in countries that introduced legal aid programs in the early years of the access to justice movement. Because of inadequate funding for legal services the pressure to do more with less has been a constant in legal aid and access to justice services. This rationing of resources has driven much creativity, innovation and a wealth of ideas for improving the delivery of legal services and continues to do so. The ten ideas about community-based justice presented in this short paper are a small part of that much …

Go to article

Public And Private Spending On Justice In Canada, Lisa Moore, Mitchell Perlmutter, Trevor C. W. Farrow Dec 2018

Public And Private Spending On Justice In Canada, Lisa Moore, Mitchell Perlmutter, Trevor C. W. Farrow

Canadian Forum on Civil Justice

As a ubiquitous aspect of everyday life, it should come as little surprise that legal problems have a tremendous cumulative cost on society. Assessing the cost of civil, family and criminal justice problems in Canada is a complex and multifaceted undertaking, owing in part to the number of agencies involved in the administration of justice, the various types of justice system expenses, and the intangible and ‘knock on’ costs that often result from experiencing legal problems. Further, costs can be examined in monetary, temporal, personal, physical health, mental health and other terms. The monetary costs are of course the most …

Go to article

Social And Economic Adversity Experienced By Canadians And Everyday Legal Problems, Ab Currie, Lisa Moore Dec 2018

Social And Economic Adversity Experienced By Canadians And Everyday Legal Problems, Ab Currie, Lisa Moore

Canadian Forum on Civil Justice

As part of a national study on the Cost of Justice by the Canadian Forum on Civil Justice (CFCJ), over 3,000 adults in Canada were asked about their experiences with civil and family justice problems and their views on the justice system in Canada. Additionally, survey participants were asked generally if over several years they had experienced ongoing issues with debt, finding or securing good and affordable housing or with unemployment. These specific areas were canvassed as possible indicators of larger, persistent issues related to social adversity in their lives. This paper draws on findings from the Everyday Legal Problems …

Go to article

50 Ways Universities Are Partnering With Employers, Ontario Universities Nov 2018

50 Ways Universities Are Partnering With Employers, Ontario Universities

Media Mentions

Osgoode mention: Osgoode Venture Capital Clinical Project

Go to article

Everyday Legal Problems And The Cost Of Justice In Canada – Survey Data Report, Lisa Moore Oct 2018

Everyday Legal Problems And The Cost Of Justice In Canada – Survey Data Report, Lisa Moore

Canadian Forum on Civil Justice

Civil and family justice problems in Canada result in financial, temporal, physical health, mental health and social costs that are often not treated with the same urgency as healthcare problems or other social problems. The “Everyday Legal Problems and the Cost of Justice in Canada” (Cost of Justice) survey, the flagship study for the Cost of Justice project, includes the first national legal problems survey in Canada (or elsewhere) to specifically ask participants about the costs of legal problems to their economic and social wellbeing. By measuring all costs related to experiencing civil and family justice problems, the Cost of …

Go to article

The Osgoode Brief (Fall 2018), Osgoode Hall Law School Of York University Oct 2018

The Osgoode Brief (Fall 2018), Osgoode Hall Law School Of York University

The Osgoode Brief

No abstract provided.

Go to article

Physicians, Nurse Practitioners And Odsp Applications: Towards A New Model Of Partnership With Community Legal Clinics, Nicholas Hay Sep 2018

Physicians, Nurse Practitioners And Odsp Applications: Towards A New Model Of Partnership With Community Legal Clinics, Nicholas Hay

Journal of Law and Social Policy

When completing the Ontario Disability Support Program (ODSP) application for their low-income patients, physicians and nurse practitioners are met with the difficult task of mapping their clients’ unique medical conditions onto an unfamiliar legal test. Accordingly, an inordinate number of ODSP applications are denied at the outset because the information healthcare professionals provide in the application is insufficient. While some blame physicians for this shortcoming, interviews conducted by the author with healthcare professionals reveal their side of the story and offer insights into how community legal clinics can work with healthcare professionals to improve the legal and medical services low-income …

Go to article

Learning, Teaching & Practising Systemic Advocacy In Legal Clinics: A Conversation, Amanda Dodge, Gemma Smyth Sep 2018

Learning, Teaching & Practising Systemic Advocacy In Legal Clinics: A Conversation, Amanda Dodge, Gemma Smyth

Journal of Law and Social Policy

Clinical programs have incorporated systemic advocacy in various ways for decades; indeed, for many clinics systemic advocacy is a philosophical and practical imperative. For those legal clinics with students working, taking credit, or volunteering, incorporating meaningful systemic advocacy programming brings with it a host of challenges. This article, framed as a conversation between two women involved with clinical legal education in Windsor, Ontario and Saskatoon, Saskatchewan, was born out of the practical frustrations and joys of this work. The article illuminates the theoretical, pedagogical, and administrative challenges of meaningfully incorporating students into the day-to-day realities of systemic advocacy. Although the …

Go to article

Does Community Legal Education Work? Educating English Language Students About Consumer Contracts, Monica Ferrari, James Baglin Sep 2018

Does Community Legal Education Work? Educating English Language Students About Consumer Contracts, Monica Ferrari, James Baglin

Journal of Law and Social Policy

Governments, law reform commissions, and legal services have long advocated for the value of increasing public understanding of the law. While many private law firms and public agencies in the justice sector provide legal information and education to their clients and the community, legal aid commissions are statutorily required to do so. Commissions provide Community Legal Education (CLE), legal information, advice, and representation to people who cannot afford private lawyers. CLE can help people address or avoid legal problems. It has the potential to reduce the need for more intensive and costly legal services and minimize the stress associated with …

Go to article

A Current Assessment Of Legal Aid In Ontario, Frederick Zemans, Justin Amaral Sep 2018

A Current Assessment Of Legal Aid In Ontario, Frederick Zemans, Justin Amaral

Journal of Law and Social Policy

This article explores the development of legal aid services in Ontario over the past two decades. The authors find that per capita inflation-adjusted spending on legal aid services by the federal government has been in long-term decline (albeit with periodic upturns) with resulting negative impacts on access to justice for those in need of legal assistance. At the provincial level, since cuts made in the mid-1990s, financial eligibility guidelines have remained out of line with real measures of poverty, such as Statistics Canada’s low-income cut-offs, and per capita funding has only recently increased. The mix of legal aid service providers …

Go to article

The Winkler Institute At Osgoode Recently Completed Their Three-Year Justice Innovation And Access To Justice Program, A Project Supported By York University’S Academic Innovation Fund. Read Their Just-Released Final Report., Office Of External Relations & Communications Jul 2018

The Winkler Institute At Osgoode Recently Completed Their Three-Year Justice Innovation And Access To Justice Program, A Project Supported By York University’S Academic Innovation Fund. Read Their Just-Released Final Report., Office Of External Relations & Communications

Ovations

No abstract provided.

Go to article

Coming Off The Bench: Self-Represented Litigants, Judges And The Adversarial Process, Jennifer Leitch Apr 2018

Coming Off The Bench: Self-Represented Litigants, Judges And The Adversarial Process, Jennifer Leitch

Canadian Forum on Civil Justice

In 1976, Abram Chayes explained how a paradigm shift was taking place in civil litigation. Procedural innovations were linked to a series of substantive changes in the American legal order that signaled a move away from a traditional private law model of litigation toward a newer and more expansive public law model of litigation. In charting this shift, Chayes explored a whole new approach to thinking about the legal process undertaken by judges. His overall assessment was very much to the point: “our traditional concept of adjudication and the assumptions on which it is based provide an increasingly unhelpful, indeed …

Go to article

Legal Secondary Consultation: How Legal Aid Can Support Communities And Expand Access To Justice, Ab Currie Mar 2018

Legal Secondary Consultation: How Legal Aid Can Support Communities And Expand Access To Justice, Ab Currie

Canadian Forum on Civil Justice

Legal secondary consultation (LSC) is an innovative mode of legal aid delivery in which a lawyer, licensed paralegal or experienced legal worker in a legal aid clinic provides one-on-one advice to a service provider in a social services agency or a community organization, assisting the provider to resolve problems for clients seeking help. The individuals experiencing problems do not become direct legal aid clients unless the LSC advisor decides on a referral to the 76 community legal clinics.

Go to article

Continuum: Volume 42 (Winter 2018), Osgoode Hall Law School Of York University Jan 2018

Continuum: Volume 42 (Winter 2018), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Go to article

Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack Jan 2018

Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack

Articles & Book Chapters

It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of $295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by …

Go to article

A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza Jan 2018

A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza

Articles & Book Chapters

This Article offers two major recommendations to expand the use of third party litigation funding ("TPLF") into the U.S. insolvency context. As seen in the Canadian context, courts have accepted the use of litigation funding agreements fitting within certain parameters. If U.S. courts follow suit, friction against the implementation of TPLF can be mitigated. Alternatively, regulation may occur through legislative and regulatory models to govern and set out precisely what types of arrangements are permitted. Involving entities such as the SEC may expedite the acceptance of TPLF, but special attention is necessary not to intermingle notions of fiduciaries into the …

Go to article

The Shifting Frontiers Of Law: Access To Justice And Underemployment In The Legal Profession, Nandini Ramanujam, Alexander Agnello Oct 2017

The Shifting Frontiers Of Law: Access To Justice And Underemployment In The Legal Profession, Nandini Ramanujam, Alexander Agnello

Osgoode Hall Law Journal

The article examines two interrelated issues attracting attention from the legal academy, the profession, and policy makers: i) the crisis of access to justice among ordinary Canadians, and ii) the increasing number of qualified and underemployed lawyers. This article sets out to understand the interrelated factors underlying these two trends, and explores long-term, accessible solutions to address the misalignment between the supply of underemployed law graduates and a demand for affordable legal services. In response to these twin problems, we examine how legislative reform, open source networks, and the automation of legal work can allow lawyers to create more cost-effective …

Go to article

First Prev Next Last