Law Commons^™

Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, João Quintais

Testimony and Submissions

We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.

Empirical research shows that more publication of citable research takes place in countries with “open” …

Equality At Stake: Connecting The Privacy/Vulnerability Cycle To The Debate About Publicly Accessible Online Court Records, Jacquelyn A. Burkell, Jane Bailey

FIMS Publications

A considerable amount has been written about the privacy implications of publishing court and tribunal records online. In this article the authors examine the linkages between privacy and vulnerability for members of marginalized communities and, drawing on Calo’s “vicious cycle” of privacy and vulnerability, suggest that publicly accessible online court records represent an equality issue as well. Drawing on social science research and privacy theory, the authors demonstrate the potentially disproportionate effect of online court records on members of marginalized communities. They then examine Canadian case law, legislation and policy that impose restrictions on public disclosure of information from court …

Contact Is A Stronger Predictor Of Attitudes Toward Police Than Race: A State-Of-The-Art Review, Amy Alberton, Kevin M. Gorey

Social Work Publications

Purpose – This scoping review thoroughly scanned research on race, contacts with police and attitudes toward police. An exploratory meta-analysis then assessed the strength of their associations and interaction in Canada and the USA. Key knowledge gaps and specific future research needs, synthetic and primary, were identified. The paper aims to discuss these issues.

Design/methodology/approach – A germinal methodological framework for conducting scoping reviews was used (Arksey and O’Malley, 2005). The authors searched for published or unpublished research over the past 15 years and retrieved 33 eligible surveys, 19 of which were included in a sample-weighted meta-analysis.

Findings – The …

Race And Criminal Justice In Canada, Charles E. Reasons, Shereen Hassan, Melinda Bige, Christianne Paras, Simranjit Arora

All Faculty Scholarship for the College of the Sciences

The relationship between race and crime has long been a subject of study in the United States; however, such analysis is more recent in Canada. A major factor impeding such study is the fact that racial/ethnic data are not routinely collected and available in Canada, unlike the United States. The collection of such data would arguably undermine the multi-cultural mosaic of Canada as a place of acceptance and tolerance. However, the lack of such data bellies research suggesting that race plays a role in the Canadian criminal justice system. Using available, albeit, limited research studies and their data, the role …

Smoking On The Margins: A Comprehensive Analysis Of A Municipal Outdoor Smoke-Free Policy, Ann Pederson, Chizimuzo T. C. Okoli, Natalie Hemsing, Renée O'Leary, Amanda T. Wiggins, Wendy Rice, Joan L. Bottorff, Lorraine Greaves

Nursing Faculty Publications

Background: This study examined the formulation, adoption, and implementation of a ban on smoking in the parks and beaches in Vancouver, Canada.

Methods: Informed by Critical Multiplism, we explored the policy adoption process, support for and compliance with a local bylaw prohibiting smoking in parks and on beaches, experiences with enforcement, and potential health equity issues through a series of qualitative and quantitative studies.

Results: Findings suggest that there was unanimous support for the introduction of the bylaw among policy makers, as well as a high degree of positive public support. We observed that smoking initially declined following the ban’s …

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …

Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development

21 slides

Agenda: Indigenous Water Justice Symposium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Indigenous Water Justice Symposium (June 6)

Indigenous peoples throughout the world face diverse and often formidable challenges of what might be termed “water justice.” On one hand, these challenges involve issues of distributional justice that concern Indigenous communities’ relative abilities to access and use water for self-determined purposes. On the other hand, issues of procedural justice are frequently associated with water allocation and management, encompassing fundamental matters like representation within governance entities and participation in decision-making processes. Yet another realm of water justice in which disputes are commonplace relates to the persistence of, and respect afforded to, Indigenous communities’ cultural traditions and values surrounding water—more specifically, …

Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison

Indigenous Water Justice Symposium (June 6)

Presenter: Jason Robison, University of Wyoming

15 slides

Registered Savings Plans And The Making Of Middle Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps

Articles & Book Chapters

Politicians across Canada’s political spectrum strive to position themselves as defenders of the middle class, and tax policy is a prime vehicle for making this pitch. Any tax reform proposal can be examined critically to evaluate its likely distributional impacts and how well these map onto specific definitions of the middle class. This article attempts, however, a different project. Drawing on the ideas of Judith Butler, it analyzes instead how tax policy produces middle-class identity through the very process of claiming to advance middle-class interests. The case study for this purpose is the rise of tax incentives for saving as …

Slides: The Columbia River Treaty, Barbara Cosens

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Barbara Cosens, Professor, University of Idaho College of Law and Waters of the West Graduate Program

22 slides

Licence Agreements And Copyright: An Examination Of The Issues, Lisa Di Valentino

FIMS Presentations

In this presentation I will discuss some of the factors that are relevant to an understanding of the relationship between copyright and private ordering of legal obligations such as licensing agreements and technological protection measures. I will conclude that there is a strong argument to be made that provisions purporting to limit fair dealing and other exceptions may be unenforceable.

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides

Impacts Of The Criminalization On The Everyday Lives Of People Living In With Hiv In Canada, Barry D. Adam, Richard Elliott, Patrice Corriveau, Ken English

Sociology, Anthropology, and Criminology Publications

As part of a study on the social consequences of the criminal justice system on people living with HIV or AIDS (PHAs) in Canada, this article focuses on how heightened public identification of HIV with criminal matters is having wide ranging effects on perceived personal security and in particular on negotiating potential romantic and sexual interactions. As articulated by the Supreme Court of Canada, the courts have been enforcing a requirement that HIV-positive people disclose their sero-status to prospective partners, relying on the notion that “through deterrence it [the Criminal Code] will protect and serve to encourage honesty, frankness and …

Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.

All Faculty Scholarship

The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States, with its …

Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …

Another Look At Bill C-32 And The Access Copyright Tariff: Still Double Trouble For Higher Education, Samuel E. Trosow

FIMS Presentations

Earlier this year, the government tabled Bill C-32, proposed amendments to the Copyright Act. Following a consultation process, the Bill is widely recognized as more reasonable than its predecessor, Bill C-61. On the positive side, the bill would expand fair dealing to explicitly include "education". On the other hand, the digital locks provisions of the Bill are fundamentally flawed and override many existing and proposed users rights. Also this year, Access Copyright filed a proposed tariff for the post-secondary education sector with the Copyright Board. The proposal, which includes a drastic increase in costs as well as numerous new reporting …

Copyright: Parliament, The Copyright Board And The Courts..., Margaret Ann Wilkinson

Law Presentations

No abstract provided.

Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines

43 slides

Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, Anthony C. Infanti

Articles

The debate in the United States over individual versus joint federal income tax filing is at something of a crossroads. For decades, progressive - and, particularly, feminist - scholars have urged us to abolish the joint return in favor of individual filing. On the rare occasion when scholars have described what such an individual filing system might look like, the focus has been on the ways in which the traditional family must be accommodated in an individual filing system. These descriptions generally do not take into account - let alone remedy - the tax system’s ongoing failure to address the …

Is American Health Care Uniquely Inefficient?, Alan M. Garber, Jonathan Skinner

Dartmouth Scholarship

No abstract provided.

Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho

38 slides

Slides: Energy Production And The West's Wild Places, Amy Mall

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council

28 slides

Effects Of The Criminalization Of Hiv Transmission In Cuerrier On Men Reporting Unprotected Sex With Men, Barry D. Adam, Richard Elliott, Winston Husbands, James Murray, John Maxwell

Sociology, Anthropology, and Criminology Publications

This paper reports on the perceptions and practices of men who have frequent unprotected sex with men in a socio-legal environment defined by the 1998 decision of the Supreme Court of Canada in R. v. Cuerrier. HIV-positive people are increasingly finding themselves in court since Cuerrier and many are trying to take account of legal reasoning in their own conduct. The judicial construction of behaviour likely to transmit HIV relies on a set of presumptions concerning individual responsibility, rational and contractual interaction, and consenting adults that raise a series of ambiguities and uncertainties among HIV-positive people attempting to implement …

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"

The Health Insurance Debate In Canada: Lessons For The United States?, Mary Anne Bobinski

Faculty Articles

This Essay begins with an intentionally ambiguous title. Are comparisons to Canada relevant and useful for policy-makers in the United States and, if so, what lessons can we learn? Part II of this Essay highlights some of the risks and benefits of cross-border comparisons between the United States and Canada. In Part III, I analyze some of the key data points often cited in comparing the two health care systems. Part IV explores the current Canadian debate about private health insurance. Finally, in Part V, I focus on the lessons from Canada for the health insurance debate in the United …

Slides: Long Term Management Of Community Forests: Some Eomf Partner Perspectives, Brian Barkley

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Brian Barkley, Ontario Model Forest, Canada

18 slides

Slides: Harrop-Procter Community Forest, Ramona Faust

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Ramona Faust, General Manager, Harrop-Procter Community Forest, Canada

41 slides

Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman

Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)

Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society

19 slides