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Articles 1 - 23 of 23
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The Core Concepts: Fundamental To Media Literacy Yesterday, Today And Tomorrow, Tessa Jolls, Carolyn Wilson
The Core Concepts: Fundamental To Media Literacy Yesterday, Today And Tomorrow, Tessa Jolls, Carolyn Wilson
Journal of Media Literacy Education
“New media” does not change the essence of what media literacy is, nor does it affect its ongoing importance in society. Len Masterman, a UK-based professor, published his ground-breaking books in the 1980’s and laid the foundation for media literacy to be taught to elementary and secondary students in a systematic way that is consistent, replicable, measurable and scalable on a global basis – and thus, timeless. Masterman’s key insight was that the central unifying concept of media education is that of representation: media are symbolic sign systems that must be decoded. This paper explores the development and the application …
"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen
"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen
Georgia Journal of International & Comparative Law
No abstract provided.
Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee
Momma Drama: A Study Of How Canada's National Regulation Of Surrogacy Compares To Australia's Independent State Regulation Of Surrogacy, Ailis L. Burpee
Georgia Journal of International & Comparative Law
No abstract provided.
The Forms And Limits Of Judicial Inquiry: Judges As Inquiry Commissioners In Canada And Australia, Grant R. Hoole
The Forms And Limits Of Judicial Inquiry: Judges As Inquiry Commissioners In Canada And Australia, Grant R. Hoole
Dalhousie Law Journal
In both Canada and Australia the conduct ofpublic inquiries draws heavily from the expertise of the legal profession, with judges frequently serving as commissioners and inquiry hearings often reproducing the popular imagery of a courtroom. Despite this affinity between public inquiries and the legal profession, however, jurisprudential and academic authorities repeatedly stress that public inquiries are non-adjudicative. Indeed, the received wisdom is that the investigative focus of public inquiries justifies their divergence from the procedural and substantive commitments of adjudication. This paper challenges that assumption. It argues that the service of judges as inquiry commissioners should be premised on their …
Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Marquette Law Review
Former U.S. Supreme Court clerks are heavily recruited by select law firms, and many eventually find their way to policy “elite” positions in the government or in the legal academy. A number of former clerks have returned to the Court as litigators, and a subset has returned to the Court as Justices. We are interested in clerk selection for two reasons. First, clerks influence key aspects of the judicial process while serving in their clerkship capacity, and second, many seem to be in a good position to influence legal policy well after their clerkships have ended. With this in mind, …
Remedies For Non-Citizens Under Provincial Nominee Programs: Judicial Review And Fiduciary Relationships, Delphine Nakache, Catherine Blanchard
Remedies For Non-Citizens Under Provincial Nominee Programs: Judicial Review And Fiduciary Relationships, Delphine Nakache, Catherine Blanchard
Dalhousie Law Journal
In Canada, more and more people get permanent residency under Provincial and Territorial Nominee Programs (PTNPs). Despite this new reality, there is today no detailed examination of the consequences of PTNPs for immigrants' rights and protections. In this paper, we seek to fill this gap. As we show, PTNPs have no statutory basis and officials who administer these programs do not exercise statutory authority of any kind. An alternative would be that these programs become "law"; then the decisions made under them would bejudicially reviewable for conformity with that law. However, it is unlikely to happen because "flexibility" is seen …
Bad Company! The Assumptions Behind Proxy Advisors' Voting Recommendations, Bryce C. Tingle
Bad Company! The Assumptions Behind Proxy Advisors' Voting Recommendations, Bryce C. Tingle
Dalhousie Law Journal
The corporate governance challenge for Canada is to improve the quality of its corporate performance, which has been declining relative to its international peers for decades. This is quite different from the usual assumption that corporate governance is primarily a matter of controlling managerial self-dealing. While important, board monitoring of management is only one aspect of its role in a corporation; research suggests corporate governance arrangements have a significant impact on corporate outcomes, particularly in areas such as innovation where Canada lags. Third-party proxy advisory firms, which provide advice to institutional investors in Canada on corporate governance matters, have grown …
The Canadian Connection: Why The State Department Is Ignoring A Loophole In The Arms Export Control Act, Nicole Day
The Canadian Connection: Why The State Department Is Ignoring A Loophole In The Arms Export Control Act, Nicole Day
Georgia Journal of International & Comparative Law
No abstract provided.
School Reform In Canada And Florida: A Study Of Contrast, Catherine S. Boehme
School Reform In Canada And Florida: A Study Of Contrast, Catherine S. Boehme
New England Journal of Public Policy
Alberta and Florida have instituted school reform initiatives over the past fifteen years in an effort to improve the quality of their schools. Alberta has focused on systemic improvement by engaging the community in educational needs assessment, raising the high standards of teacher preparation, and improving effective instructional practices through professional development. Florida’s efforts have concentrated on holding students, teachers, schools, and districts accountable for high-stakes testing results by increasing the number and rigor of required assessments and increasing the negative consequences for low achievement scores. The 2012 PISA scores reveal that Alberta’s students are maintaining their high rankings relative …
Dining With John And Catharine Butler Before The Close Of The Eighteenth Century, Eva Macdonald, Suzanne Needs-Howarth
Dining With John And Catharine Butler Before The Close Of The Eighteenth Century, Eva Macdonald, Suzanne Needs-Howarth
Northeast Historical Archaeology
The partial excavation of the homestead of Colonel John Butler in the town of Niagara-on-the-Lake has afforded the opportunity to explore the daily activities of one Loyalist family after the establishment of the British colony of Upper Canada in the 1780s. In particular, the large collection of zooarchaeological material (over 14,5000 specimens) can provide information about the availability of wild animal species, as well as the types of domestic animals that the Butlers kept on their farm. Butchering marks provide further insight into the types of meat cuts used in cooking meals for the family and guests. These are compared …
Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery
Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery
Georgia Journal of International & Comparative Law
No abstract provided.
How Canadian And Chinese High School Students Access And Use Ict: An Exploratory Study, Zuochen Zhang
How Canadian And Chinese High School Students Access And Use Ict: An Exploratory Study, Zuochen Zhang
Journal of Educational Technology Development and Exchange (JETDE)
This paper reports the findings of an exploratory study that examined two secondary schools: one from a big city in eastern China and the other from a middle-sized city in eastern Canada. Data were collected using a paper-based survey questionnaire that included multiplechoice, open-ended, and scaled questions. Responses indicate that ownership and access to ICT devices were quite similar between Canadian and Chinese participants, but the learning and use of ICT between the two groups of participants differed due to various reasons. Results seemed the Chinese participants relied more on classroom learning, and teachers of the Chinese participants did not …
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
University of Miami International and Comparative Law Review
No abstract provided.
Accessing Justice Amid Threats Of Contagion, Janet E. Mosher
Accessing Justice Amid Threats Of Contagion, Janet E. Mosher
Osgoode Hall Law Journal
Plans to prepare for a global pandemic have proliferated in recent years, and “legal preparedness” has emerged as a critical component of such plans. Commonly, the threat of disease is analogized to terrorism and recast as an issue of national security. In this framing, laws authorizing surveillance, containment, and forced treatment are understood as necessary. Law’s promise of protection against abuses in the exercise of such powers through procedural rights of review offers meagre comfort for critics concerned that individual liberties will readily yield to national security and public health in the context of an actual pandemic. An alternative framing …
Disclaimers Of Contractual Liability And Voluntary Obligations, Michael G. Pratt
Disclaimers Of Contractual Liability And Voluntary Obligations, Michael G. Pratt
Osgoode Hall Law Journal
Contractual obligations are traditionally regarded as voluntary. A voluntary obligation is one that can be acquired only if one intends to acquire it. This traditional understanding finds doctrinal expression in the requirement that contracting parties intend to create legal relations. It has, however, been doubted that the Anglo-Canadian law of contract insists on this requirement. Skeptics argue that cases ostensibly decided on the basis of such a requirement are better explained otherwise. In this paper I invoke the legal force of contractual disclaimers to show that contractual obligations are indeed voluntary. When parties to an agreement purport to exclude it …
Law Reform For Dummies (3rd Edition), Roderick A. Macdonald
Law Reform For Dummies (3rd Edition), Roderick A. Macdonald
Osgoode Hall Law Journal
Legal pluralist law reform engages citizens in dialogue through which they gain richer insight into their normative lives and learn to manage everyday interactions with each other. Noting that first- and second-generation law reform commissions have been critiqued for their narrow vision and goal of modifying individual legal rules, this article shifts the focus to the general public as a key player in the enterprise. This is how law reform responds to public concerns and engages the public’s assumptions about the reform process. The true ambition of law reform is to find opportunities for Canadians to examine their assumptions about …
The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander Macdonald, Nick Crosbie
The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander Macdonald, Nick Crosbie
Dalhousie Law Journal
The development of an offshore oiland gas industry in the Gulf ofSt. Lawrence has created, for the first time, the potential for interactions between the Newfoundland and Labrador offshore regulatory regime and other regimes (either the new regime in Quebec or the National Energy Board). As industry participants evaluate where they will spend their exploration dollars, they will need to understand the various regulatory regimes in place. Land tenure in Newfoundland and Labrador is similar to the regime in places subject to the jurisdiction of the National Energy Board. Over the past 25 years, however the decisions of the courts …
Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush
University of Baltimore Journal of International Law
This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.
One View Of Compulsory Licensing: Comparative Perspectives From India And Canada, Padmanabha Ramanujam, Yugank Goyal
One View Of Compulsory Licensing: Comparative Perspectives From India And Canada, Padmanabha Ramanujam, Yugank Goyal
Marquette Intellectual Property Law Review
None.
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
Osgoode Hall Law Journal
The treatment of sexual assault complainants by defence counsel has been the site of significant debate for legal ethicists. Even those with the strongest commitment to the ethics of zealous advocacy struggle with how to approach the cross-examination of sexual assault complainants. One of the most contentious issues in this debate pertains to the use of bias, stereotype and discriminatory tactics to advance one’s client’s position. This paper focuses on the professional responsibilities defence lawyers bear in sexual assault cases. Its central claim is as follows: Defence counsel are ethically obligated to restrict their carriage of a sexual assault case …
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Journal of Law and Social Policy
Collects papers presented at the Symposium in 2011 celebrating forty years of clinical legal education at Osgoode Hall Law School.
From Rawls To Habermas: Towards A Theory Of Grounded Impartiality In Canadian Administrative Law, Laverne Jacobs
From Rawls To Habermas: Towards A Theory Of Grounded Impartiality In Canadian Administrative Law, Laverne Jacobs
Osgoode Hall Law Journal
At the same time that Canadian public law jurisprudence has grappled with some key cases on bias, a vibrant debate has also raged over the meaning and scope of the notion of impartiality within political and moral philosophy. Spurred by Rawls’ view of liberalism, and culminating in the theory of deliberative democracy, this debate evolved over a span of more than four decades. Yet this philosophical literature is rarely, if at all, referred to in the public law jurisprudence dealing with impartiality. This article asks whether the debates surrounding impartiality in political and moral philosophy and those in Canadian public …
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter Mccormick
Osgoode Hall Law Journal
This article poses the question: Now that women are receiving an increasing share of the seats on the Supreme Court of Canada (the Court), can we conclude with confidence that they have been admitted to full participation, with a mix of judgments—including the more significant decisions—that is fully comparable to their male colleagues? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to male and female judges. He finds that the male/female gap is more robust than ever, although he also …