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Full-Text Articles in Law
Undercompensating For Discrimination: An Empirical Study Of General Damages Awards Issued By The Human Rights Tribunal Of Ontario, 2000-2015, Audra Ranalli, Bruce Ryder
Undercompensating For Discrimination: An Empirical Study Of General Damages Awards Issued By The Human Rights Tribunal Of Ontario, 2000-2015, Audra Ranalli, Bruce Ryder
Osgoode Legal Studies Research Paper Series
The authors present the results of a comprehensive quantitative analysis of general damages awards issued by the Human Rights Tribunal of Ontario from 2000 to 2015. From the results, the authors argue that general damages awards continue to be too low to reflect the importance of the equality rights protected by the Ontario Human Rights Code. While many expected that general damages awards would increase as a result of amendments to the Code that took effect in 2008, the data reveals that the range of the vast majority of general damages awards has remained relatively unchanged following the legislative reforms. …
The Rule Of Law, Legal Pluralism, And Challenges To A Western-Centric View: Some Very Preliminary Observations, Peer Zumbansen
The Rule Of Law, Legal Pluralism, And Challenges To A Western-Centric View: Some Very Preliminary Observations, Peer Zumbansen
Osgoode Legal Studies Research Paper Series
Despite hundreds of “Rule of Law” projects at the World Bank and a host of research into the foundations and content of the Rule of Law, we are still nowhere near an altogether satisfactory definition. While the Rule of Law is repeatedly being referred to in ‘legal assistance’ and ‘law reform’ projects and lives as a guiding principle in constitutions around the world, we don’t seem able to settle on a commonly agreed-upon approach to its nature and institutional form. In this context, the Rule of Law provides an opportunity to engage critically with the differences in perception and bias …
Technological Neutrality: Recalibrating Copyright In The Information Age, Carys J. Craig
Technological Neutrality: Recalibrating Copyright In The Information Age, Carys J. Craig
Osgoode Legal Studies Research Paper Series
This article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of technological neutrality apparent in copyright jurisprudence. Ultimately, it is argued that true technological neutrality requires not simply the seamless expansion of legal rights into new technological contexts, but the careful, contextual recalibration of rights and interests in light of shifting values and changing circumstances. As a normative principle, technological neutrality in copyright law thus demands a nuanced …
Law And Digestion: A Brief History Of An Unpalatable Idea, Dan Priel
Law And Digestion: A Brief History Of An Unpalatable Idea, Dan Priel
Osgoode Legal Studies Research Paper Series
According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this short essay I show that this is inaccurate. References to this idea are found in the work of Karl Llewellyn and Jerome Frank, as well as in the works of their contemporaries, both friends and foes. But I also show the idea is older than the legal realists. One finds casual references to it in …