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Articles 1 - 22 of 22
Full-Text Articles in Law
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.
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.
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.
Book Notes: Constitutional Deliberation In Congress: The Impact Of Judicial Review In A Separated System, By J. Mitchell Pickerill, Timothy Fitzsimmons
Book Notes: Constitutional Deliberation In Congress: The Impact Of Judicial Review In A Separated System, By J. Mitchell Pickerill, Timothy Fitzsimmons
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Majesty Of The Law: Reflections Of A Supreme Court Justice, By Sandra Day O'Connor, Nadine Blum
Book Notes: The Majesty Of The Law: Reflections Of A Supreme Court Justice, By Sandra Day O'Connor, Nadine Blum
Osgoode Hall Law Journal
No abstract provided.
Book Review: September 11: Consequences For Canada, By Kent Roach, Margaret E. Beare
Book Review: September 11: Consequences For Canada, By Kent Roach, Margaret E. Beare
Osgoode Hall Law Journal
No abstract provided.
The War On Terror And Iraq In Historical Perspective, Antony Anghie
The War On Terror And Iraq In Historical Perspective, Antony Anghie
Osgoode Hall Law Journal
This article critically examines the doctrine of pre-emption articulated in the National Security Strategy and the arguments made in favour of the proposition that it represents an emerging norm of international law and is compatible with the UN Charter. It focuses in particular on the possible implications with the UN Charter. It focuses in particular on the possible implications of this doctrine for Third-World states. It also examines the war in Iraq and pre-emption may be seen as replicating, in certain respects, a much earlier colonial history.
Leading Towards A Level Playing Field, Repaying Ecological Debt, Or Making Environmental Space: Three Stories About International Environmental Cooperation, Karin Mickelson
Osgoode Hall Law Journal
This article considers a number of different ways of conceptualizing the relationship between South and North in the environmental context, focusing on international responses to climate change and, in particular, the Kyoto Protocol to the United Nations Framework Convention on Climate Change. It explores three stories about international environmental cooperation. One derives from the concept of "ecological debt," the second comes from the concept of "environmental space," and the third, which might be said to underlie the U.S. approach to the Kyoto Protocol at the present time, is labelled "leading towards a level playing field." The article provides an overview …
Book Review: Collective Insecurity: The Liberian Crisis, Unilateralism, And The Global Order, By Ikechi Mgbeoji, Richard Falk
Book Review: Collective Insecurity: The Liberian Crisis, Unilateralism, And The Global Order, By Ikechi Mgbeoji, Richard Falk
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Law In A Market Economy, By Robin Paul Malloy, Jennifer Oosterbaan
Book Notes: Law In A Market Economy, By Robin Paul Malloy, Jennifer Oosterbaan
Osgoode Hall Law Journal
No abstract provided.