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Full-Text Articles in Law

Designing Administrative Justice: Draft, Lorne Sossin Nov 2016

Designing Administrative Justice: Draft, Lorne Sossin

All Papers

This study explores the adaptation of design thinking to administrative justice. Design thinking – or human centred design – approaches services and products from the perspective of the user. This perspective too often is missing in the design of administrative tribunals, most of which have been developed top-down to serve the needs of a particular policy interest of the Government of the day.

This paper is divided into two parts. In the first part, I review the development of design thinking in the context of legal services and legal organizations. In the second part, I explore the implications of this …


‘By The Court’: The Untold Story Of A Canadian Judicial Innovation, Peter Mccormick Jan 2016

‘By The Court’: The Untold Story Of A Canadian Judicial Innovation, Peter Mccormick

Osgoode Legal Studies Research Paper Series

The Supreme Court of Canada has for several decades used an anonymous and unanimous decision format – ‘By the Court’ – for a subset of its constitutional decisions; although some of the specific cases (such as the Quebec Secession Reference) have been closely examined, the practice itself has never received focused consideration. This article establishes a chronology, an inventory, and a typology for the Supreme Court’s ‘By the Court’ judgments, and concludes by suggesting that it use has become more frequent under the current Chief Justice.


Why Coywolf Goes To Court, Signa A. Daum Shanks Jan 2016

Why Coywolf Goes To Court, Signa A. Daum Shanks

Articles & Book Chapters

This article is an effort influenced by previous works considered part of "trickster" discourse. But unlike other trickster stories meant to illustrate First Nations’ contents and processes, this presentation creates a Métis-specific example of trickster methodology and knowledge. Similar to the historic role Métis individuals have had in Canadian history, this effort contains a type of "translator" system within its citations so that the main story parallels information about trends in Canadian legal analysis. By having this format, it is hoped that those less familiar with Métis courtroom struggles will gain insight into how the pursuit of Métis constitutionalism both …