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2015

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Book Review: Regulating Obesity?: Government, Society, And Questions Of Health, By W.A. Bogart, Sas Ansari Jan 2015

Book Review: Regulating Obesity?: Government, Society, And Questions Of Health, By W.A. Bogart, Sas Ansari

Osgoode Hall Law Journal

No abstract provided.


Book Note: Why Nudge?: The Politics Of Libertarian Paternalism, By Cass R. Sunstein, Dan Adler Jan 2015

Book Note: Why Nudge?: The Politics Of Libertarian Paternalism, By Cass R. Sunstein, Dan Adler

Osgoode Hall Law Journal

No abstract provided.


Book Note: Preventive Justice, By Andrew Ashworth & Lucia Zedner, Madeline Boyce Jan 2015

Book Note: Preventive Justice, By Andrew Ashworth & Lucia Zedner, Madeline Boyce

Osgoode Hall Law Journal

No abstract provided.


Book Note: Firm Commitment: Why The Corporation Is Failing Us And How To Restore It, By Colin Mayer, Joshua Daniels Jan 2015

Book Note: Firm Commitment: Why The Corporation Is Failing Us And How To Restore It, By Colin Mayer, Joshua Daniels

Osgoode Hall Law Journal

No abstract provided.


Book Note: Reconciling Canada: Critical Perspectives On The Culture Of Redress, By Jennifer Henderson & Pauline Wakeman (Eds), Scott Franks Jan 2015

Book Note: Reconciling Canada: Critical Perspectives On The Culture Of Redress, By Jennifer Henderson & Pauline Wakeman (Eds), Scott Franks

Osgoode Hall Law Journal

No abstract provided.


Book Note: Speaking Out On Human Rights: Debating Canada’S Human Rights System, By Pearl Eliadis, Hayley Gaucher Jan 2015

Book Note: Speaking Out On Human Rights: Debating Canada’S Human Rights System, By Pearl Eliadis, Hayley Gaucher

Osgoode Hall Law Journal

No abstract provided.


Book Note: Married Women And The Law: Coverture In England And The Common Law World, By Timothy Stretton & Krista J Kesselring (Eds), Joshua Patlik Jan 2015

Book Note: Married Women And The Law: Coverture In England And The Common Law World, By Timothy Stretton & Krista J Kesselring (Eds), Joshua Patlik

Osgoode Hall Law Journal

No abstract provided.


Book Note: Banking On The Body: The Market In Blood, Milk, And Sperm In Modern America, By Kara W. Swanson, Maya Pearlston Jan 2015

Book Note: Banking On The Body: The Market In Blood, Milk, And Sperm In Modern America, By Kara W. Swanson, Maya Pearlston

Osgoode Hall Law Journal

No abstract provided.


Book Note: Fault Lines Of Globalization: Legal Order And The Politics Of A-Legality, By Hans Lindhal, Karolina Wisniewski Jan 2015

Book Note: Fault Lines Of Globalization: Legal Order And The Politics Of A-Legality, By Hans Lindhal, Karolina Wisniewski

Osgoode Hall Law Journal

No abstract provided.


Introduction – Tax Policy For A Better Tomorrow, Timothy Edgar, Jinyan Li, Thaddeus Hwong Jan 2015

Introduction – Tax Policy For A Better Tomorrow, Timothy Edgar, Jinyan Li, Thaddeus Hwong

Osgoode Hall Law Journal

No abstract provided.


Taxation And Inequality In Canada And The United States: Two Stories Or One?, Richard M. Bird, Eric M. Zolt Jan 2015

Taxation And Inequality In Canada And The United States: Two Stories Or One?, Richard M. Bird, Eric M. Zolt

Osgoode Hall Law Journal

Canada and the United States have both experienced a substantial increase in income inequality over the last several decades. In this article, we examine the complex interaction of income inequality with tax and transfer systems in Canada and the United States. We begin by comparing the data on taxation and expenditure to understand the similarities and differences between the two countries. We then consider how changes to tax and transfer policies have affected the levels of inequality in both countries. The article concludes by offering some policy recommendations that each country may consider to address the increasing levels of inequality.


Uncovering Women In Taxation: The Gender Impact Of Detaxation, Tax Expenditures, And Joint Tax/Benefit Units, Kathleen A. Lahey Jan 2015

Uncovering Women In Taxation: The Gender Impact Of Detaxation, Tax Expenditures, And Joint Tax/Benefit Units, Kathleen A. Lahey

Osgoode Hall Law Journal

Women have made great progress in gaining individual civil and political rights since the 1800s. However, for nearly a century, the use of couple-based tax and benefit provisions has increased steadily, enshrouding women in new and extensive forms of fiscal coverture that run counter to democratic ideals of economic equality. While the pros and cons of joint taxation have been well-rehearsed, the reality is that between unequal distributions of new and old varieties of tax and benefit items to women and men and the continued expansion of joint tax and benefit items in recent decades, Canada’s tax and transfer system …


The Responsibility Of Judges In Interpreting Tax Legislation: Japan’S Experience, Yoshihiro Masui Jan 2015

The Responsibility Of Judges In Interpreting Tax Legislation: Japan’S Experience, Yoshihiro Masui

Osgoode Hall Law Journal

This essay examines the Japanese judiciary’s approach to statutory interpretation of tax legislation in Japan. Its goal is to provide a positive, rather than normative, analysis of current Supreme Court of Japan (SCJ) tax jurisprudence. The analysis demonstrates that SCJ justices generally employ a literal approach when interpreting tax legislation, but with due regard to the objective and purpose of specific statutory provisions. This does not mean that SCJ justices constrain their reasoning based on an originalist approach to statutory interpretation. The analysis instead demonstrates that they make their own judgments, taking into account both the plain meaning of the …


What Kind Of Corporation Tax Regime?, Sijbren Cnossen Jan 2015

What Kind Of Corporation Tax Regime?, Sijbren Cnossen

Osgoode Hall Law Journal

This article explores the taxation of corporations in the wider context of capital income taxation. The article discusses pros and cons of various income-based and cash-flow forms of corporation tax (CT) and concludes that the dual income tax (DIT), which taxes all capital income at the proportional CT rate, is to be preferred over other forms of taxing capital income. The DIT is best attuned to the reality of capital mobility and is not held hostage by the higher tax on labour income. Levied at a uniform flat rate, the DIT minimizes opportunities for tax arbitrage.


Intimate Partner Criminal Harassment Through A Lens Of Responsibilization, Isabel Grant Jan 2015

Intimate Partner Criminal Harassment Through A Lens Of Responsibilization, Isabel Grant

Osgoode Hall Law Journal

Feminist scholars have demonstrated the gendered nature of intimate violence and the tendency to put the responsibility on women to avoid both sexual and physical violence (“responsibilization”). This article applies these insights to the context of intimate partner criminal harassment, which is committed overwhelmingly by men against former female intimate partners. Using criminal harassment decisions over the past decade, this article argues that the elements of the offence—specifically the requirements that the accused cause the complainant to fear for her safety, that this fear be reasonable, and that he intend to harass her—feed into the tendency towards responsibilization. Women are …


Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano Jan 2015

Substantive Equality As Equal Recognition: A New Theory Of Section 15 Of The Charter, Anthony Robert Sangiuliano

Osgoode Hall Law Journal

This article presents a novel theory of the concept of substantive equality under section 15(1) of the Canadian Charter of Rights and Freedoms called Substantive Equality as Equal Recognition. This contribution is timely in light of the Supreme Court of Canada’s recent disagreement over the proper jurisprudential approach to interpreting section 15(1) in the 2013 case of Quebec v A. Substantive Equality as Equal Recognition holds that the purpose of section 15(1) is to ensure that the law’s application does not reflect, through its impact or effects, hierarchies of status that exist between citizens within Canadian society. The article argues …


Book Review: Property And Sovereignty: Legal And Cultural Perspectives, By James Charles Smith (Ed), Jason Leslie Jan 2015

Book Review: Property And Sovereignty: Legal And Cultural Perspectives, By James Charles Smith (Ed), Jason Leslie

Osgoode Hall Law Journal

No abstract provided.


Book Review: Contract Law And Contract Practice: Bridging The Gap Between Legal Reasoning And Commercial Expectation, By Catherine Mitchell, Steven N. Mandziuk Jan 2015

Book Review: Contract Law And Contract Practice: Bridging The Gap Between Legal Reasoning And Commercial Expectation, By Catherine Mitchell, Steven N. Mandziuk

Osgoode Hall Law Journal

No abstract provided.


On Being Here To Stay: Treaties And Aboriginal Rights In Canada, By Michael Asch, Alyssa Armstrong Jan 2015

On Being Here To Stay: Treaties And Aboriginal Rights In Canada, By Michael Asch, Alyssa Armstrong

Osgoode Hall Law Journal

No abstract provided.


More Than You Wanted To Know: The Failure Of Mandated Disclosure, By Omri Ben-Shahar & Carl E. Schneider, Danielle Y. Cornaccia Jan 2015

More Than You Wanted To Know: The Failure Of Mandated Disclosure, By Omri Ben-Shahar & Carl E. Schneider, Danielle Y. Cornaccia

Osgoode Hall Law Journal

No abstract provided.


Religion Without God, By Ronald Dworkin, Nicolas L. Francis Jan 2015

Religion Without God, By Ronald Dworkin, Nicolas L. Francis

Osgoode Hall Law Journal

No abstract provided.


Comparative Matters: The Renaissance Of Comparative Constitutional Law, By Ran Hirschl, Anthony Robert Sanguiliano Jan 2015

Comparative Matters: The Renaissance Of Comparative Constitutional Law, By Ran Hirschl, Anthony Robert Sanguiliano

Osgoode Hall Law Journal

No abstract provided.


Homeownership And America’S Financial Underclass: Flawed Premises, Broken Promises, New Prescriptions, By Mechele Dickerson, Jonathan York Jan 2015

Homeownership And America’S Financial Underclass: Flawed Premises, Broken Promises, New Prescriptions, By Mechele Dickerson, Jonathan York

Osgoode Hall Law Journal

HOMEOWNERSHIP HAS TRADITIONALLY BEEN a major goal for Americans seeking financial prosperity and success. It is considered to be the lynchpin of the lifelong pursuit of the “American Dream.” People grow up with cliché visions of having a young, happy family living in a home with a recently paid off mortgage and a white picket fence. Fully paying off a mortgage can be one of the happiest and most rewarding moments of one’s life. However, Mechele Dickerson emphasizes that perhaps the pursuit of homeownership is not always sound advice for a large portion of the population.


Young People's Views Regarding Participation In Mental Health And Wellbeing Research Through Social Media, Helen E. Monks, Patricia Cardoso, Alana Papageorgiou, Catherine Carolan, Leesa N. Costello, Laura Thomas Jan 2015

Young People's Views Regarding Participation In Mental Health And Wellbeing Research Through Social Media, Helen E. Monks, Patricia Cardoso, Alana Papageorgiou, Catherine Carolan, Leesa N. Costello, Laura Thomas

Research outputs 2014 to 2021

Social media is a central component in the lives of many young people, and provides innovative potential to conduct research among this population. Ethical issues around online research have been subject to much debate, yet young people have seldom been consulted to provide a youth perspective and voice. Eight (8) focus groups involving 48 Grade 9 Western Australian secondary school students aged 13-14 years were held in 2012, to investigate how young people perceive the feasibility and acceptability of social media when used as a research tool to investigate various issues relevant to their mental health and wellbeing. Whilst young …


Attaining Automaticity In The Visual Numerosity Task Is Not Automatic, Craig P. Speelman, Katrina L. Muller-Townsend Jan 2015

Attaining Automaticity In The Visual Numerosity Task Is Not Automatic, Craig P. Speelman, Katrina L. Muller-Townsend

Research outputs 2014 to 2021

This experiment is a replication of experiments reported by Lassaline and Logan (1993) using the visual numerosity task. The aim was to replicate the transition from controlled to automatic processing reported by Lassaline and Logan (1993), and to examine the extent to which this result, reported with average group results, can be observed in the results of individuals within a group. The group results in this experiment did replicate those reported by Lassaline and Logan (1993) ; however, one half of the sample did not attain automaticity with the task, and one-third did not exhibit a transition from controlled to …


Bringing Sexy Back: To What Extent Do Online Television Audiences Contest Fat-Shaming?, Debbie Rodan Jan 2015

Bringing Sexy Back: To What Extent Do Online Television Audiences Contest Fat-Shaming?, Debbie Rodan

Research outputs 2014 to 2021

The latest reality program about weight loss makeover, Australian Channel Seven’s Bringing Sexy Back maintained the dominant frame of fat as bad, shameful and unsexy. Similar to other programs’ point of view, only slim bodies could claim to be healthy and sexy. Conversely the Fat Acceptance movement presents fat as beautiful, sexy, and healthy. But what did online audiences in 2014 think about Bringing Sexy Back? In this article online-viewer-generated comments are analysed to find out: a) whether audiences challenged and contested the dominant framing; and b) what phrases did they use to do this. The research task is …


Digitods: Toddlers, Touch Screens And Australian Family Life, Donell J. Holloway, Lelia Green, Kylie J. Stevenson Jan 2015

Digitods: Toddlers, Touch Screens And Australian Family Life, Donell J. Holloway, Lelia Green, Kylie J. Stevenson

Research outputs 2014 to 2021

Children are beginning to use digital technologies at younger and younger ages. The emerging trend of very young children (babies, toddlers and pre-schoolers) using Internet connected devices, especially touch screen tablets and smartphones, has elicited polarising opinions from early childhood experts.At present there is little actual research about the risks or benefits of tablet and smartphone use by very young children. Current usage recommendations, based on research into passive television watching which claims that screen time is detrimental, is in conflict with advice from education experts and app developers who commend interactive screen time as engaging and educational.


Emotion Regulation And Residual Depression Predict Psychosocial Functioning In Bipolar Disorder: Preliminary Study, Rodrigo Becerra, Kate Cruise, Craig Harms, Alfred Allan, Darryl Bassett, Sean Hood, Greg Murray Jan 2015

Emotion Regulation And Residual Depression Predict Psychosocial Functioning In Bipolar Disorder: Preliminary Study, Rodrigo Becerra, Kate Cruise, Craig Harms, Alfred Allan, Darryl Bassett, Sean Hood, Greg Murray

Research outputs 2014 to 2021

This study explores the predictive value of various clinical, neuropsychological, functional, and emotion regulation processes for recovery in Bipolar Disorder. Clinical and demographic information was collected for 27 euthymic or residually depressed BD participants. Seventy one percent of the sample reported some degree of impairment in psychosocial functioning. Both residual depression and problems with emotion regulation were identified as significant predictors of poor psychosocial functioning. In addition, to residual depression, the results of the current study introduce a variable of emotion dysregulation to account for poor psychosocial functioning among BD populations. Improving emotion regulation strategies, in particular, concentration and task …


Geo-Based Technologies, Tourists And Bushfires In Northern Australia, Donnell Holloway, David Holloway, Lelia Green Jan 2015

Geo-Based Technologies, Tourists And Bushfires In Northern Australia, Donnell Holloway, David Holloway, Lelia Green

Research outputs 2014 to 2021

This paper analyses how the use of geo-based technologies can play a role in the safety of tourism operations and tourist travel — especially in the case of bushfires. The study uses data from 42 qualitative interviews with tourists, tourism operators and other stakeholders in the remote Kununurra area of Western Australia carried out in 2012 and 2013. We contend that the spatiotemporal nature of tourism has stimulated considerable development in a range of geo - based technologies. The paper argues that geo-based technologies are an integral part of fire suppression and mitigation practices, and that tourists’ familiarity with geo-based …


Global Measures Of Gender Empowerment: A Case Study Of Sri Lankan Export Processing Zone (Epz) Workers, Peter Hancock, Sharon Middleton Jan 2015

Global Measures Of Gender Empowerment: A Case Study Of Sri Lankan Export Processing Zone (Epz) Workers, Peter Hancock, Sharon Middleton

Research outputs 2014 to 2021

This pape r focuses on global measures of gender empowerment released a n- nually by the UNDP and the World Economic Forum. It discusses and critiques these measures on a global level and juxtaposes this analysis against research conducted among women who work in Sri Lanka's Export Processing Zones (EPZs). Global measures of gender equality show that in Sri Lanka gender-based inequality is increasing, despite the nation dramatically improving its economy and poverty levels and meeting some of the Millennium Development Goals. To explain this contradiction, we sampled 2,304 women to explore how they experienced gender and empowerment and to …