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Articles 1 - 30 of 46
Full-Text Articles in Law
Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans
Evaluation Of Criminal Staff Offices - First Year, Robert Hann, Joan Nuffield, Frederick H. Zemans
Commissioned Reports, Studies and Public Policy Documents
Report submitted to Legal Aid Ontario.
Men In The Place Of Women, From Butler To Little Sisters; Gay Male Pornography: An Issue Of Sex Discrimination, By Christopher N. Kendall, Leslie Green
Osgoode Hall Law Journal
No abstract provided.
An Analysis Of The Effects On Parties' Unionization Decisions Of The Choice Of Union Representation Procedure: The Strategic Dynamic Certification Model, Sara Slinn
Osgoode Hall Law Journal
This article proposes a new theoretical framework-the strategic dynamic certification model-to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers, unions, and employees, and these affect the outcomes of the procedure. Empirical evidence confirms this model's ability to analyze the certification process and the outcomes of unionization attempts. In particular, this model explains why the change from a card-check to a mandatory representation vote encourages unlawful employer conduct, enhances the effectiveness of union avoidance activities, and deters employee participation in the unionization decision. The article concludes that, …
H. L. A. Hart: A Life In The Perspective Of Law And Philosophy; A Life Of H. L. A.: The Nightmare And The Noble Dream, By Nicola Lacey, Keith Culver
Osgoode Hall Law Journal
No abstract provided.
Who Made That?: Influencing Foreign Labour Practices Through Reflexive Domestic Disclosure Regulation, David J. Doorey
Who Made That?: Influencing Foreign Labour Practices Through Reflexive Domestic Disclosure Regulation, David J. Doorey
Osgoode Hall Law Journal
An important tool of "decentred" regulation, including reflexive law, is corporate information disclosure. Disclosure regulation can have an important normative influence on corporate behaviour because it introduces a risk element that must be managed by corporate leaders. The challenge for regulators is to identify the scope of disclosure that will cause corporate responses of the sort desired by the state. This article considers the potential role of disclosure regulation as a tool for influencing labour practices beyond the borders of the regulating state and, in particular, within the vast global supply chains of multinational corporations. In the context of improving …
The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand
The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand
Osgoode Hall Law Journal
This article concerns the ascertainment by judges of normative facts that emanate from within foreign legal orders and must be taken into consideration in the interpretation of domestic rules. The author proposes an analytical approach which is based on three ideas. First, judges must remain in control of the process aimed at ascertaining such facts. Because the interpretation of domestic rules is at stake, they cannot remain passive and rule solely on the basis of the information adduced by the parties, as they normally do while ascertaining the contents of foreign rules under a classic conflict of laws scenario. Second, …
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
The Gendered Dimensions Of Social Insurance For The "Non-Poor" In Canada, Stephanie Ben-Ishai
Osgoode Hall Law Journal
This article emerges from an exploration of the meanings of consumer bankruptcy in the current context of Canadian society, as well as the role consumer bankruptcy plays in shaping this context. Examining consumer bankruptcy through the lens of gender relations, the claim is made that Canadian consumer bankruptcy legislation, policies, practices, and accompanying discourses are implicated in the causation and perpetuation of the conditions of marginalization and subordination endured by women who experience long-term poverty. These women are affected not only in terms of access to the bankruptcy system, but also by the broader implications of the delivery of consumer …
Prolegomenon To An Intellectual History Of Administrative Law In The Twentieth Century: The Case Of John Willis And Canadian Administrative Law, Michael Taggart
Prolegomenon To An Intellectual History Of Administrative Law In The Twentieth Century: The Case Of John Willis And Canadian Administrative Law, Michael Taggart
Osgoode Hall Law Journal
The intellectual legal history-the history of ideas--of modern administrative law has yet to be written. The first part of this article suggests that one way to approach this necessary task is to posit the writings of leading administrative law thinkers in the context of cases, controversies, doctrines, events, and movements throughout the twentieth century. The work of pioneer administrative lawyer John Willis is used to exemplify this type of contextualized intellectual legal history. The second part of this article seeks to gauge Willis's influence on the development of Canadian administrative law.
Europe's Darker Legacies; Notes On Mirror Reflections, The Constitution As Fetish, And Other Such Linkages Between The Past And The Future Darker Legacies Of Law In Europe; The Shadow Of National Socialism And Fascism Over Europe And Its Legal Traditions Edited, By Christian Joerges And Navraj Singh Ghaleigh (Eds); European Constitutionalism Beyond The State, By J. H. H. Weiler And Marlene Wind (Eds), Peer Zumbansen
Osgoode Hall Law Journal
No abstract provided.
A National Survey Of The Civil Justice Problems Of Low And Moderate Income Canadians: Incidence And Patterns, Ab Currie
Canadian Forum on Civil Justice
This is a study of problems having legal aspects experienced by low and moderate income Canadians. The main objectives of the study are to determine the incidence of law-related problems among this segment of the population and the social and demographic groups that are most vulnerable to problems. The paper attempts to shed some light on that very elusive subject, unmet need for assistance with law-related problems.
Welfare Fraud: The Constitution Of Social Assistance As Crime, Janet E. Mosher
Welfare Fraud: The Constitution Of Social Assistance As Crime, Janet E. Mosher
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Book Review: Unnatural Law: Rethinking Canadian Environmental Law And Policy, By David R. Boyd, Hugh J. Benevides
Book Review: Unnatural Law: Rethinking Canadian Environmental Law And Policy, By David R. Boyd, Hugh J. Benevides
Osgoode Hall Law Journal
No abstract provided.
Public Perceptions Of The Role Of The Canadian Judiciary, Mary Stratton
Public Perceptions Of The Role Of The Canadian Judiciary, Mary Stratton
Canadian Forum on Civil Justice
This report is designed to provide a better understanding of available evidence concerning public perceptions of the role of the judiciary in the administration of justice. Discussion in the report is presented in four main discussion areas that reflect the content and contribution of available sources of information. Conclusions are based on examination of 244 Canadian and international published information items and a special analysis of relevant data from the recently conducted Civil Justice System and the Public project.
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Brian Slattery
No abstract provided.
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Brian Slattery
No abstract provided.
The Unforgiven Sources Of International Law: Nation-Building, Violence And Gender In The West(Ern), Ruth Buchanan, Rebecca Johnson
The Unforgiven Sources Of International Law: Nation-Building, Violence And Gender In The West(Ern), Ruth Buchanan, Rebecca Johnson
Articles & Book Chapters
In his classic work, ‘Nomos and Narrative,’ Cover reminds us that legal traditions form part of a complex normative world – a ‘nomos’ – a world of language and myth. Because precept and narrative operate together to ground meaning, one cannot truly inhabit any given nomos without a rich understanding of its narratives. The very intelligibility of behaviour within the nomos inheres in the communal nature of common scripts or narratives for that behaviour. International law is also supplied with ‘history and destiny, beginning and end, explanation and purpose’ in and through narratives. In contrast with conventional approaches, new scholarship …
Dispute Resolution, Access To Civil Justice And Legal Education, Trevor C. W. Farrow
Dispute Resolution, Access To Civil Justice And Legal Education, Trevor C. W. Farrow
Articles & Book Chapters
This article examines current dispute resolution teaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution education (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in legal education in Canada and abroad.
Security And Rights, Trevor C. W. Farrow
Security And Rights, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Nature/Culture Clash: The Transnational Trade In Gmos, Dayna Scott
Nature/Culture Clash: The Transnational Trade In Gmos, Dayna Scott
All Papers
This paper aims to offer a fresh perspective into what is at stake in the cross-cultural trade dispute over genetically-modified organisms (GMOs) by subjecting a particular discursive sample, the parties’ submissions to the WTO panel, to critical scrutiny. The first step involves a survey of the rhetorical strategies deployed by the parties’ in the presentation of their arguments to the Panel. Next, I embark on the task of ‘disassembling the double helix’. My use of the term ‘double helix’ in this analysis refers to the close coupling of scientific and legal discourses in the trade regime: science and law are …
Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
All Papers
Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …
Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond
Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond
Articles & Book Chapters
The relationship between cartography and law provides a unique focus through which to examine mixed legal jurisdictions. Through an exploration of the various uses of law, cartography, and nation building, the author postulates that mixed legal jurisdictions are created through the subtle incorporation of the originally unfamiliar “Other”. In Canada, European settlers asserted sovereignty through the mapping and naming of territory in ways that did not accord with traditional Aboriginal patterns of usage or conceptualizations of space. The eventual creation of a legal middle ground between these peoples, as articulated by Richard White, is the basis of the author’s analysis …
Transnational Market Governance And Economic Citizenship: New Frontiers For Feminist Legal Theory, Mary Condon, Lisa Philipps
Transnational Market Governance And Economic Citizenship: New Frontiers For Feminist Legal Theory, Mary Condon, Lisa Philipps
Articles & Book Chapters
No abstract provided.
Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin
Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin
Articles & Book Chapters
Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility as well as the roles and responsibilities of parties in civil litigation. The three existing models of rule-making are court-led, where a majority of government officials, and collaborative, which lacks an evident majority of either. These rule-making bodies do not control court fees, the executive does, but in a system with any model, the judiciary always has …
After Industrial Citizenship: Market Citizenship Or Citizenship At Work?, Judy Fudge
After Industrial Citizenship: Market Citizenship Or Citizenship At Work?, Judy Fudge
Articles & Book Chapters
This article sketches the rise and fall of industrial citizenship in Canada, and presents two very different models of citizenship that might replace it. It begins by defining the concept of citizenship, and explaining how industrial citizenship has conventionally been understood. It then traces the genealogy of industrial citizenship in Canadian labour law, and how the processes of feminization, deregulation, and globalization have challenged it as a normative ideal and undermined the conditions that have sustained it. The article concludes by considering two scenarios for industrial citizenship in the future: one in which the substance of citizenship is circumscribed by …
The Bearded Bandit, The Outlaw Cop, And The Naked Emperor: Towards A North-South (De)Construction Of The Texts And Contexts Of International Law's (Dis)Engagement With Terrorism, Ikechi Mgbeoji
Osgoode Hall Law Journal
For over one hundred years, the definition of the term "terrorism" has been subjected to political propaganda. In addition, dubious self-righteous indignation or outrage, often expressed by various states or prominent politicians at the occurrence of acts of terror have often masked the participation of those same states in international terrorism. In this endless cycle of finger pointing, accusations, denials, and counter-accusations, the problematic of what constitutes terror in legal parlance has degenerated into an exercise in name-calling. This sad spectacle frustrates objective and sincere attempts at fashioning out legal and policy framework to deal with the scourge of terrorism. …
Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii
Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii
Osgoode Hall Law Journal
After examining state practice and opinio juris on the preemptive use of force in the last few years, I conclude that the prohibition of preemptive war where there is no armed attack or an instant, overwhelming threat has not changed. Under customary international law, this prohibition of preemptive use of force is a customary international law norm of extremely high normativity and as such state practice inconsistent confirms the norm particularly in the absence of evidence of its widespread and representative repudiation. Second, under the doctrine of sources, state practice inconsistent with a norm of customary international law or persistent …
The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor
The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor
Osgoode Hall Law Journal
No abstract provided.
The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi
Osgoode Hall Law Journal
This article contrasts and compares the war on terror and the war of terror in the wake of, and before, 11 September 2001. The philosophical underpinnings involved in defining "terrorism" are analyzed in the context of the United States' war on terrorism and related wars of terrorism, such as the 1998 World Islamic Council's fatwa. Both wars fall within the wording of recent United Nations' Resolutions that address the adverse impact of terrorism on Human Rights. The understanding of the meaning of "terrorism" by those promoting the war on terrorism provides a powerful political tool, notwithstanding effects on Human Rights …
Book Notes: The Power To Criminalize: Violence, Inequality And The Law, By Elizabeth Comack And Gillian Balfour, Stefania Arlotto
Book Notes: The Power To Criminalize: Violence, Inequality And The Law, By Elizabeth Comack And Gillian Balfour, Stefania Arlotto
Osgoode Hall Law Journal
No abstract provided.
Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor
Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor
Osgoode Hall Law Journal
No abstract provided.