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

Digital Commons Network™

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

2014

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 8101 - 8130 of 10335

Full-Text Articles in Entire DC Network

From Reaction To Agency: A 'Subaltern' Response To William Twining's Globalisation And Legal Scholarship, Basil E. Ugochukwu Jan 2014

From Reaction To Agency: A 'Subaltern' Response To William Twining's Globalisation And Legal Scholarship, Basil E. Ugochukwu

Osgoode Legal Studies Research Paper Series

In this essay, it is contended that by welcoming a cosmopolitan discipline of law that encompasses 'all levels of social relations and legal orderings' (both dominant and peripheral) as well as by suggesting that the intellectual heritage of Western jurisprudence be adapted 'to the new predicament of global law', William Twining offers a platform to the world’s marginalized legal systems and formations to assert their relevance in the advancement of legal theory. In developing this argument, I will first examine what opportunities exist within Twining’s theorizing to reclaim and de-marginalize non-Western understandings of the law and its social value within …

Go to article

Constitutional Principles In Substantive Criminal Law, Benjamin L. Berger Jan 2014

Constitutional Principles In Substantive Criminal Law, Benjamin L. Berger

Osgoode Legal Studies Research Paper Series

Since Milsom’s famous dismissal of the “miserable history of crime in England,” criminal law has undergone a revolution in constitutional significance. The rise of rights constitutionalism as the heart of the modern liberal rule of law has given criminal law a new life in which it is subject to substantial justice-based innovation through appeal to the internal and basic norms of the legal system itself. Far from the marginal and exceptional status once ascribed to it by Milsom, this chapter argues that criminal law is now best understood and approached as a species of constitutional reflection. Substantive criminal law has …

Go to article

The Incurable Constitutional Itch: Transnational Private Regulatory Governance And The Woes Of Legitimacy, Peer C. Zumbansen Jan 2014

The Incurable Constitutional Itch: Transnational Private Regulatory Governance And The Woes Of Legitimacy, Peer C. Zumbansen

Osgoode Legal Studies Research Paper Series

Transnational private regulatory governance in a host of areas from food and product safety, aviation security, accounting, corporate and labor standards, as well as forestry and marine stewardship has long attracted the attention of those with concern for the public interest. The chapter recognizes these concerns, which are usually expressed in terms of a wide-ranging legitimacy deficit of private governance regimes. At the same time, I contend that there is no easy fix in response to regulatory developments that have their origin in nation-state transformation and in a functionally differentiated proliferation of global societal activity. I provide a brief account …

Go to article

From Theory And Research To Policy And Practice In Work And Employment – And Beyond?, Harry W. Arthurs Jan 2014

From Theory And Research To Policy And Practice In Work And Employment – And Beyond?, Harry W. Arthurs

Osgoode Legal Studies Research Paper Series

This paper, delivered at the 50th anniversary conference of the Canadian Industrial Relations Association (CIRA), explores the relationship between academic research and public policy in the field of industrial relations and more broadly. Following an analysis of the current state of industrial relations, it makes the case for the re-invention of the discipline as “the study of economic power and resistance”.

Go to article

Belonging To Law: Religious Difference, Secularism, And The Conditions Of Civic Inclusion, Benjamin L. Berger Jan 2014

Belonging To Law: Religious Difference, Secularism, And The Conditions Of Civic Inclusion, Benjamin L. Berger

Osgoode Legal Studies Research Paper Series

This paper examines the appeal to law as the basis for civic identity and political belonging under conditions of religious diversity. Beginning by assessing the descriptive utility of the concept of “secularism,” the paper argues that secularism is best approached as a repertoire of moves available in negotiating the relationship between religion and political authority, focussing then on one such move evident in the contemporary project of liberal secularism: the assertion, in the face of the challenges posed by religious diversity, that to belong to the political community means, above all else, to belong to law. This shift of “obedience …

Go to article

The Virtues Of Law In The Politics Of Religious Freedom, Benjamin L. Berger Jan 2014

The Virtues Of Law In The Politics Of Religious Freedom, Benjamin L. Berger

Osgoode Legal Studies Research Paper Series

The moral force and capacity for inspiration of both religion and politics alike arise in part from the sense that they authentically map the world as we find it, yielding claims about how it should be. This paper asks what role we might imagine for law in this “hyper-real” world of religion and politics, arguing that law can display distinctive virtues linked to its capacity for strategic agnosticism about the real. Applying Sunstein’s idea of “incompletely theorized agreements” to the politics of religious freedom, the paper examines the role of law as a tool of adhesion in two very different …

Go to article

No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon Jan 2014

No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon

Osgoode Legal Studies Research Paper Series

Recent concerns about the geography of access to justice in Canada have focused on the dwindling number of lawyers in rural and remote areas, raising anxieties about the profession’s inability to meet current and future demands for localized legal services. These concerns have motivated a range of policy responses that aim to improve the education, training, recruitment and retention of practitioners in underserved areas. We surveyed lawyers in Ontario to better understand their physical proximity to clients and how, if at all, that proximity promotes access to justice. We find that lawyers' scope of practice varies based on a number …

Go to article

What Is Environmental Justice?, Dayna Nadine Scott Jan 2014

What Is Environmental Justice?, Dayna Nadine Scott

Osgoode Legal Studies Research Paper Series

This posting outlines the concept of "environmental justice" as I recently described it for an encyclopedia entry in the field of "Action Research". In this discipline, the term "environmental justice" describes more than a fair outcome. It is a social movement, and a theoretical lens, that is focused on fairness in the distribution of environmental benefits and burdens, and in the processes that determine those distributions. In both cases, an attention to environmental justice means amplifying the voices of poor, racialized and Indigenous communities in environmental and natural resource policy-making venues -- places that have typically produced decisions resulting in …

Go to article

The Rise Of Transnational Private Meta-Regulators, Paul Verbruggen, Tetty Havinga Jan 2014

The Rise Of Transnational Private Meta-Regulators, Paul Verbruggen, Tetty Havinga

Osgoode Legal Studies Research Paper Series

In recent years scholars from various disciplines have turned their attention to transnational regimes of regulation that are chiefly developed outside state-driven frameworks. The rise of such “transnational private regulation” has also led to the emergence of private meta-regulation. The term ‘meta-regulation’ commonly refers to processes through which a regulatory body oversees another and sets standards for its activities or performance of regulation. In the public domain, meta-regulation has been associated with the devolution of regulatory activities by a statutory body to private actors with the view to enhance voluntary rule compliance, awareness of responsibilities among the regulated and reduce …

Go to article

The 'Majestic Equality' Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry W. Arthurs Jan 2014

The 'Majestic Equality' Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry W. Arthurs

Osgoode Legal Studies Research Paper Series

Epidemiological studies have demonstrated that as one descends the socio-economic gradient, people suffer worse health outcomes and die sooner. While no single comprehensive epidemiological study has established a similar link between economic or social inequality, on the one hand, and the overall quality of citizenship on the other, it would not be surprising to learn that inequality correlates closely with the denigration or denial of legal and political rights. Considerable recent research suggests that the advanced economies are becoming more unequal, that the gradient I have described is becoming steeper and steeper. Consequently, we can expect that the distribution of …

Go to article

Criminalization Of Polygamy In Canada: Historical, Legal And Sociological Analysis, Washi Ahmed Jan 2014

Criminalization Of Polygamy In Canada: Historical, Legal And Sociological Analysis, Washi Ahmed

Osgoode Legal Studies Research Paper Series

The Canadian Criminal Code criminalizes the act of polygamy pursuant to s.290, and bigamy (another act which is similar to polygamy) pursuant to s.293 under the assumption that such practices have an adverse impact on women and children. However, the history of the criminalization of polygamy in Canada suggests that it was enacted deliberately to marginalize a particular minority group. This paper is divided into four chapters. Chapter I discusses the historical background of polygamy and indicates that the criminalization of polygamy in Canada was an adoption of the American legal approach to Mormonism. Chapter II analyzes the provisions of …

Go to article

Causing A Racket: Unpacking The Elements Of Cultural Capital In An Assessment Of Urban Noise Control, Live Music, And The Quiet Enjoyment Of Private Property, Sara Ross Jan 2014

Causing A Racket: Unpacking The Elements Of Cultural Capital In An Assessment Of Urban Noise Control, Live Music, And The Quiet Enjoyment Of Private Property, Sara Ross

Osgoode Legal Studies Research Paper Series

I examine the tension between and the treatment of the elements of cultural capital within dynamic mixed-use spaces, and posit that Canada's current noise control and noise pollution legislation, by-laws, and case law demonstrate a hierarchical protection framework placing greater importance on the "quiet enjoyment of private property" over live music culture, where performances are often the subject of noise complaints. While the elements of cultural capital valued by those who favour the value of quiet enjoyment of private property is well represented throughout legislation, by-laws, and case law, the elements of cultural capital valued by those who favour the …

Go to article

Effective Aggressiveness And Inconsistencies In The Bijuridical Treatment Of Aggressive Behaviour: Mixed Martial Arts, Bullying, And Sociolegal Quandaries, Sara Ross Jan 2014

Effective Aggressiveness And Inconsistencies In The Bijuridical Treatment Of Aggressive Behaviour: Mixed Martial Arts, Bullying, And Sociolegal Quandaries, Sara Ross

Osgoode Legal Studies Research Paper Series

This paper seeks to address effective aggressiveness and the treatment of aggressive behaviour in the context of MMA in comparison to the balance of the formal Canadian legal landscape. I choose anti-bullying legislation, and its treatment of aggressive behaviour, as a counterexample to the treatment of aggressive behaviour within the MMA regulatory framework. By intertextually linking and superimposing these two categories of legislation, a critical lens drawing on institutional ethnography is applied in order to question and deconstruct the differential treatment of aggressive behaviour and the rationale behind the legislative mixed message sent. The quandary faced within the fabric of …

Go to article

Corporate Reporting Under The U.S. Securities And Exchange Commission's Diversity Disclosure Rule: A Mixed-Methods Content Analysis, Aaron A. Dhir Jan 2014

Corporate Reporting Under The U.S. Securities And Exchange Commission's Diversity Disclosure Rule: A Mixed-Methods Content Analysis, Aaron A. Dhir

Osgoode Legal Studies Research Paper Series

This is chapter 6 of Challenging Boardroom Homogeneity: Corporate Law, Governance, and Diversity (Cambridge University Press, forthcoming in 2015). In this chapter I investigate the disclosure-based approach to addressing diversity in corporate governance. In 2009, the United States Securities and Exchange Commission adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees and, if so, how. The rule also requires firms that have adopted a diversity policy to describe how they implement the policy and assess its effectiveness. The rule does not define “diversity,” however, leaving it to corporations to give this …

Go to article

The Protection Of The Rights Of Homosexuals Under The International Law Of Human Rights: European Perspectives, Philip Girard Jan 2014

The Protection Of The Rights Of Homosexuals Under The International Law Of Human Rights: European Perspectives, Philip Girard

Osgoode Legal Studies Research Paper Series

The Parliamentary Committee on Equality Rights heard a number of submissions from various groups urging the amendment of the Canadian Human Rights Act to include "sexual orientation" as a prohibited ground of discrimination, and amendment of the Charter itself to rectify the lack of specificity on the topic in the enumeration of equality rights contained in section 15. This article provides a comparative perspective by examining the rights of homosexuals under the international law of human rights. Particular attention is paid to the experience under the European Convention on Human Rights.

Go to article

Sexual Orientation As A Human Rights Issue In Canada 1969-1985, Philip Girard Jan 2014

Sexual Orientation As A Human Rights Issue In Canada 1969-1985, Philip Girard

Osgoode Legal Studies Research Paper Series

Equality is a protean concept. Even if one has taken a position on the equality of opportunity versus equality of outcomes debate, there remains the problem of deciding what equality means in particular contexts: racial equality, equality between the sexes, between those with and without mental or physical disability, and so on. Finally, there is the issue of which groups in society are entitled to "equality", whatever it may mean. Given the open-ended nature of the equality guarantees contained in section 15 of Canada's Charter of Rights and Freedoms, it is clear that groups other than those specifically mentioned therein …

Go to article

General Jurisprudence, Empirical Legal Theory, Epistemic Fruit, And The Ontology Of ‘Law’: Scope, Scepticism, Demarcation, Artefacts, Hermeneutic Concepts, Normativity And Natural Kinds, John Mckay Jan 2014

General Jurisprudence, Empirical Legal Theory, Epistemic Fruit, And The Ontology Of ‘Law’: Scope, Scepticism, Demarcation, Artefacts, Hermeneutic Concepts, Normativity And Natural Kinds, John Mckay

Osgoode Legal Studies Research Paper Series

Positivist and natural law theories are interested in answers to different questions, and are mostly compatible. But positivists and empirical legal theorists (ELTs) each claim to offer a genuinely descriptive account of law, and a better position from which to criticize real world legal institutions. They deploy different heuristics, primarily in the guise of points of view (internal vs external), which betray differing commitments to offering a descriptive account of law, and to the separation thesis. They also have different ideas about the nature of the object in question and consequently how it might be known. For positivists law is …

Go to article

Streaming Into The Future: Why Legislation And Technology Have Opened Pandora’S Box For The Recording Industry And The Webcasting Services, 13 J. Marshall Rev. Intell. Prop. L. 649 (2014), Rachael Stack Jan 2014

Streaming Into The Future: Why Legislation And Technology Have Opened Pandora’S Box For The Recording Industry And The Webcasting Services, 13 J. Marshall Rev. Intell. Prop. L. 649 (2014), Rachael Stack

UIC Review of Intellectual Property Law

Today, music is everywhere, but this was not always the case. Listeners are surrounded by endless access to libraries and playlists from the advancement in technology. With the rapid technological advancements, Copyright law has been left behind at a stand still. Since the enactment of the Copyright Act, sound recordings have received less favorable treatment compared to their music counterpart. Sound recording copyrights are afforded digital performance royalties when broadcasted on popular Internet streaming services, like Pandora. In the last few years, music streaming has become more popular among listeners and thus, more sound recording royalties have been distributed; but, …

Go to article

Memory In Mississippi: Imagining Women's Place In Interwar Political Culture, Rachel Mclemore Jan 2014

Memory In Mississippi: Imagining Women's Place In Interwar Political Culture, Rachel Mclemore

Electronic Theses and Dissertations

This study examines the efforts of three groups of Mississippi women in pursuit of expanded electoral rights for women during the interwar years. The Mississippi chapter of the United Daughters of the Confederacy, the Mississippi Federation of Women's Clubs, and the Mississippi State Federation of Colored Women's Clubs worked to protect and PURSUE voting rights after the ratification of the Nineteenth Amendment. This thesis focuses on memory as a particularly effective method they employed on behalf of their goals. Each group crafted and took advantage of distinct memory traditions to establish a foundation for women as voting citizens.

Go to article

Adolescent Violence Prevention, Hatim A. Omar Jan 2014

Adolescent Violence Prevention, Hatim A. Omar

Pediatrics Faculty Publications

Violence in adolescence has seen an increase since the 1990s with dramatic statistics on violent death and risk behaviors. School violence has been focused upon by a huge media coverage of especially violent cases that could have had some endemic consequences worldwide. We present a case of a 14 year old white male with change in school behavior, strategies for the case investigation, its results and long term prevention. Other research has shown that preventive measures during pregnancy, infancy and childhood can prevent adolescent and adult delinquency.

Go to article

Prevention: Sexual Violence Against Adolescent And Young Adult Women, Kimberly K. Mcclanahan, Marlene B. Huff, Hatim A. Omar, Joav Merrick Jan 2014

Prevention: Sexual Violence Against Adolescent And Young Adult Women, Kimberly K. Mcclanahan, Marlene B. Huff, Hatim A. Omar, Joav Merrick

Pediatrics Faculty Publications

No abstract provided.

Go to article

“Doing Gender” In Public Speaking Education: A Focus Group Analysis Of Biological Sex And Gender Identity In Public Speaking Education, Heather A. Coburn Jan 2014

“Doing Gender” In Public Speaking Education: A Focus Group Analysis Of Biological Sex And Gender Identity In Public Speaking Education, Heather A. Coburn

The Journal of Undergraduate Research

This exploratory focus group analysis examines the ways in which students of a Capstone Communication Studies course (N = 15) perceive factors, such as their communication studies education, biological sex, and gender roles, that have impacted their experiences with Public Speaking Anxiety (PSA) and Self-Perceived Communication Competence (SPCC), as well as the effectiveness of various treatment methods for the reduction of PSA. Three independent student focus groups were conducted – one comprised of biological females (n = 5), one of males (n = 3), and one containing subjects of both biological sexes (n = 7). Herein participants discussed their personal …

Go to article

Dmitri Shalin Interview With Laurel Richardson About Erving Goffman Entitled "When I Told The Group I Was The Daughter Of A Jewish Woman Who Emigrated From Russia, Goffman Said, “So That Explains Why You Are So Smart”", Laurel Richardson Jan 2014

Dmitri Shalin Interview With Laurel Richardson About Erving Goffman Entitled "When I Told The Group I Was The Daughter Of A Jewish Woman Who Emigrated From Russia, Goffman Said, “So That Explains Why You Are So Smart”", Laurel Richardson

Bios Sociologicus: The Erving Goffman Archives

Dr. Laurel Richardson sent this note about her encounter with Erving Goffman on January 4, 2014, and gave her approval for adding it to the Goffman Archives.

Go to article

Wesley Food Pantry Project, Jasmine Ash Jan 2014

Wesley Food Pantry Project, Jasmine Ash

A with Honors Projects

For this Parkland College A with Honors project, the student reflects on a group project to create a video on volunteering with the Wesley Food Pantry.

Go to article

Wesley Food Pantry Project, Jalyn Smith Jan 2014

Wesley Food Pantry Project, Jalyn Smith

A with Honors Projects

For this Parkland College A with Honors project, the student reflects on a group project to create a video on volunteering with the Wesley Food Pantry.

Go to article

My Own Private Library: A Peek Inside The Personal Library Of A Librarian, Amanda J. Swygart-Hobaugh M.L.S., Ph.D. Jan 2014

My Own Private Library: A Peek Inside The Personal Library Of A Librarian, Amanda J. Swygart-Hobaugh M.L.S., Ph.D.

Georgia Library Quarterly

No abstract provided.

Go to article

Review Of 'How We Die Now: Intimacy And The Work Of Dying,' By Karla Erickson, Jennifer Davis-Berman Jan 2014

Review Of 'How We Die Now: Intimacy And The Work Of Dying,' By Karla Erickson, Jennifer Davis-Berman

Sociology, Anthropology, and Social Work Faculty Publications

How We Die Now: Intimacy and the Work of Dying takes the reader on an engaging journey through the terrain of aging in America, with an emphasis on how our ideas about aging itself have changed the way we view death in the United States and even the way we actually die. This book has an authenticity to it, as Erickson admits that her own experience with aging and death compelled her to enter this world and study from the perspective of insiders, those who care for older adults and the actual elders themselves. Based on hundreds of hours of …

Go to article

Implicit Bias In Judicial Performance Evaluations: We Must Do Better Than This, Rebecca D. Gill Jan 2014

Implicit Bias In Judicial Performance Evaluations: We Must Do Better Than This, Rebecca D. Gill

Political Science Faculty Research

Judicial performance evaluations (JPEs) are a critical part of selecting judges, especially in states using merit-based selection systems. This article shows empirical evidence that gender and race bias still exist in attorney surveys conducted in accordance with the ABA’s Guidelines. This systematic bias is related to a more general problem with the design and implementation of JPE surveys, which results in predictable problems with the reliability and validity of the information obtained through these survey instruments. This analysis raises questions about the validity and reliability of the JPE. This is a particularly poor outcome, as it means that we are …

Go to article

Beyond The Tragedy Of Failure: Debating The Role Of State Failure In The Middle East And North Africa As A Root Cause Of Political Violence In The Region, Tiffiany O. Howard Jan 2014

Beyond The Tragedy Of Failure: Debating The Role Of State Failure In The Middle East And North Africa As A Root Cause Of Political Violence In The Region, Tiffiany O. Howard

Political Science Faculty Research

No abstract provided.

Go to article

Marriage And Citizenship In The United States, Shanella Gardner Jan 2014

Marriage And Citizenship In The United States, Shanella Gardner

Psi Sigma Siren

Most countries associate being a citizen with having certain legal rights and being born in that country, although this has not always been the case, especially in the United States. When writing the U. S. Constitution, the founding fathers were thinking of white, male landowners to be given the legal rights as citizens. This would leave the remaining population of women, African Americans and other people of color to fight to be recognized as citizens. The Naturalization Act of 1790 was the first legislative act that defined who could be citizens in the United States. It allowed citizenship for immigrants …

Go to article

First Prev Next Last