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Articles 1 - 12 of 12
Full-Text Articles in Law
'Pyrates' Of The Lyceum: Big Pharma, Patents, And Academic Freedom In Neoliberal Times, James Mcgillivray
'Pyrates' Of The Lyceum: Big Pharma, Patents, And Academic Freedom In Neoliberal Times, James Mcgillivray
PhD Dissertations
Academic freedom and freedom of expression are threatened by the corporatised university. As neoliberal policies embed themselves in all aspects of public (if not private) life, freedom of expression and academic freedom are being degraded and denigrated in the university, in the popular press, in the law, and in public life. The influence of intellectual property rights and proprietary claims surrounding patents are muzzling freedom of thought by corporate interests. Universities and the freedom of academic researchers to explore their fields have become casualties on this neoliberal battlefield. This political economy seeks to expose the free market contagion involved with …
Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi
Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi
PhD Dissertations
This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …
Unionization At Justice Canada: A Case Study, Andrij Roman Kowalsky
Unionization At Justice Canada: A Case Study, Andrij Roman Kowalsky
PhD Dissertations
In April 2005, non-management lawyers working at the federal Department of Justice Canada (DOJ) were recognized by the Public Service Labour Relations Act (PSLRA) as employees. This dissertation explores DOJ lawyers unionizing by addressing two research questions: (1) what led DOJ lawyers to unionize with the Association of Justice Counsel (AJC)? and (2) what was the AJC’s experience in negotiating a first collective agreement?
The dissertation is organized using a conventional structure. The literature review presented in Chapter 2 maps the academic study of lawyer unionization. Chapter 3 elaborates on the dissertation’s research design as a case study. Chapter 4 …
Tracking Queer Kinships: Assisted Reproduction, Family Law And The Infertility Trap, Stewart Donnell Marvel
Tracking Queer Kinships: Assisted Reproduction, Family Law And The Infertility Trap, Stewart Donnell Marvel
PhD Dissertations
The global advent of assisted human reproduction has brought with it an upheaval in social, cultural and legal norms of the family. The centrality of biological reproduction to the traditional heterosexual family has been challenged by reproductive intervention, further destabilizing nuclear family norms already unmoored by same-sex marriage, single mothers, unwed fathers, and increased access to divorce, contraceptives and abortion. As these challenges have shifted EuroAmerican social norms of family, the law has increasingly been called upon to preside over the re-organization of intimate life, operating as a central vehicle to reframe the relationship of the family to the state. …
Changing Our Tune: A Music-Based Approach To Teaching, Learning, And Resolving Conflict, Linda Marie Ippolito
Changing Our Tune: A Music-Based Approach To Teaching, Learning, And Resolving Conflict, Linda Marie Ippolito
PhD Dissertations
The need for change within the legal profession and legal education is critical. To remain relevant and responsive to twenty-first century challenges and complexities the next generation of professionals must be creative, imaginative, and innovative thinkers. Emotional and social intelligence, the ability to collaboratively problem-solve, negotiate, and mediate complex conflict are essential skills needed for success particularly in increasingly settlement-oriented environments. Studies and reports have noted, however, that practitioners are lacking these key skills. How can these new perspectives and essential skills be taught and developed? This mixed methods research study involved five professional musicians and thirty-eight first year law …
Increasing Innovation In Legal Process: The Contribution Of Collaborative Law, Martha Emily Simmons
Increasing Innovation In Legal Process: The Contribution Of Collaborative Law, Martha Emily Simmons
PhD Dissertations
This dissertation examines the role of innovation in resolving complex disputes, using Collaborative Law as its case study. Innovation, for the purposes of this research, can be defined as applied creativity that leads to optimal resolution for clients. The process of innovation is required to resolve complex problems, which are increasingly prevalent in legal, economic and social spheres. Collaborative Law indeed has the capacity to resolve such issues in the legal realm. Collaborative Law is a process by which parties and their lawyers enter into a binding contract that limits the representation to a facilitative problem-solving process with the intent …
Unanimous Shareholder Agreements, Nicolas William Juzda
Unanimous Shareholder Agreements, Nicolas William Juzda
PhD Dissertations
The unanimous shareholder agreement is a feature of most Canadian corporate statutes that allows the shareholders to, by creating an agreement meeting the necessary criteria, restrict the powers of the directors to manage the business and affairs of the corporation. One possible justification for this is the "nexus of contracts" theory that all corporations are notionally reducible to voluntary agreements. Three key areas of ambiguity surrounding unanimous shareholder agreements are examined in this dissertation, with specific reference to existing judgments. The requirements for their formation are reviewed, including the exact meaning and strictness of the unanimity criterion and the necessity …
Coercing Justice? Exploring The "Aspirations And Practice" Of Law As A Tool In Struggles Against Social Inequalities, Karen Schucher
Coercing Justice? Exploring The "Aspirations And Practice" Of Law As A Tool In Struggles Against Social Inequalities, Karen Schucher
PhD Dissertations
This dissertation examines the role of law as a tool in struggles against social inequalities, by tracing the history of Ontario’s human rights legislation and enforcement from the enactment of fair practices statutes in the 1950s through the restructuring of the enforcement regime in 2006. Ontario was the first Canadian province to pass anti-discrimination legislation and to establish a human rights commission enforcement process. This legislation and the commission enforcement process were the models for all other Canadian jurisdictions.
The dissertation approaches the role of law through the framework of tensions between the “aspirations” and the “practices” of law. On …
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
Creating A Cultural Analysis Tool For The Implementation Of Ontario's Civil Mental Health Laws, Roby Dhand
PhD Dissertations
The purpose of the study was to develop a Cultural Analysis Tool (CAT). The CAT consists of specific thematic questions that can serve as a cultural and equity analysis instrument for practitioners to use in the implementation of Ontario’s civil mental health laws. The rationale behind creating the CAT is based on research suggesting that ethno-racial people with mental health disabilities experience inequities and differential outcomes while interacting with Ontario’s civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools …
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
PhD Dissertations
The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …
Adjudicating Human Rights In Transitional Contexts: A Nigerian Case-Study, 1999-2009 , Basil Emeka Ugochukwu
Adjudicating Human Rights In Transitional Contexts: A Nigerian Case-Study, 1999-2009 , Basil Emeka Ugochukwu
PhD Dissertations
While transitional justice and democracy literature bristles with the expectation that human rights conditions would improve with the progression from the “darkness” of a dictatorship to the “light” of democratic rule, Nigeria’s transition to civil rule in 1999 would seem to provide a sobering contra-reality. Democracy does not seem to have produced a better human rights environment in the post-transition Nigerian context. This dissertation answers the question why the restoration of civil rule in Nigeria has not translated to results in human rights practices that come close to matching the expectations of its citizens and the predictions of transitional justice …
What It Is-What It Should Be: An Empirical Analysis Of The Effect Of Procedures And Substantive Arguments On Adjudicative Tribunal Resource Allocation Decisions, Lydia Christine Stewart Ferreira
What It Is-What It Should Be: An Empirical Analysis Of The Effect Of Procedures And Substantive Arguments On Adjudicative Tribunal Resource Allocation Decisions, Lydia Christine Stewart Ferreira
PhD Dissertations
Our current understanding of tribunal resource allocation decision-making is via judicial review of tribunal decisions and/or the capacity, independence and appointment process of tribunal members. This analysis of tribunals provides incomplete information. This qualitative five year case study, however, asked the three following questions: Research Question #1: Do procedures statistically affect the resource allocation decisions of the Board? If so, what elements of the procedures create this statistical effect? The author analyzed the quantitative research results relative to the A4R theory’s four procedural conditions of transparency and concluded that the A4R theory it was not ‘fine grain’ enough to identify …