Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (2)
- Comparative and Foreign Law (2)
- Criminal Law (2)
- Human Rights Law (2)
- Immigration Law (2)
-
- Intellectual Property Law (2)
- Law and Politics (2)
- National Security Law (2)
- Arts and Humanities (1)
- Commercial Law (1)
- Environmental Law (1)
- Ethics and Political Philosophy (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Law (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Studies (1)
- Legal Theory (1)
- Military, War, and Peace (1)
- Philosophy (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
- Keyword
-
- Canada (3)
- Copyright (2)
- 363 Sales (1)
- Anti-circumvention (1)
- Bankruptcy (1)
-
- CCAA (1)
- Canadian (1)
- Capital market (1)
- Chapter 11 (1)
- Chrysler (1)
- Companies Creditors’ Arrangement Act (1)
- Conservatism (1)
- Corporate governance (1)
- Corporate reorganization (1)
- Environmental law (1)
- Ethical investing (1)
- Fair dealing (1)
- Fiduciary duty (1)
- Funds (1)
- GM (1)
- History (1)
- Ideology (1)
- Insolvency (1)
- Intellectual Property (1)
- Investment (1)
- Jurisprudence (1)
- Justice Rand (1)
- Legal ethics--philosophy (1)
- Negligence (1)
- Nonjusticiable decisions (1)
Articles 1 - 30 of 31
Full-Text Articles in Law
Playing Politics With Refugees, Sean Rehaag, Audrey Macklin
Playing Politics With Refugees, Sean Rehaag, Audrey Macklin
Editorials and Commentaries
No abstract provided.
Legislation Won't Stop Asylum Seekers Using Human Smugglers, Sean Rehaag, Sharryn Aiken
Legislation Won't Stop Asylum Seekers Using Human Smugglers, Sean Rehaag, Sharryn Aiken
Editorials and Commentaries
No abstract provided.
Some Facts And Figures From The Civil Justice System And The Public, Mary Stratton, James Cresswell, Scot Sehested
Some Facts And Figures From The Civil Justice System And The Public, Mary Stratton, James Cresswell, Scot Sehested
Canadian Forum on Civil Justice
The Civil Justice System and the Public (CJSP) was a collaborative research program founded on the belief that a lack of effective communication, both within the system and between the system and the public, is a significant barrier interfering with access to justice. The research involved both the public and the justice community in identifying changes in communication practice that will improve the system. The project goal was to make specific and clear recommendations for effective change that will ultimately improve access to the civil justice system by increasing the ability of the system to hear, involve, and respond to …
The Alberta Legal Services Mapping Project: Report For The Grande Prairie Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Grande Prairie Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
The Grande Prairie Judicial District is the tenth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
Public Legal Education And Information- The Challenging Mission To Create What The Public Needs, Mary Stratton
Public Legal Education And Information- The Challenging Mission To Create What The Public Needs, Mary Stratton
Canadian Forum on Civil Justice
Providing people with easy access to well designed and effective forms of information and education about legal rights and processes is essential to ensuring access to justice.
The Alberta Legal Services Mapping Project: Report For The Drumheller Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Drumheller Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
The Drumheller Judicial District is the ninth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Alberta Legal Services Mapping Project: Report For The Wetaskiwin Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Wetaskiwin Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
The Wetaskiwin Judicial District is the eighth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Articles & Book Chapters
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
The Alberta Legal Services Mapping Project: Report For The Edmonton Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Edmonton Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
Edmonton is the sixth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multiyear endeavor, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Alberta Legal Services Mapping Project: Report For The St. Paul Judicial District, Glynnis Lieb, Stephanie Abel
The Alberta Legal Services Mapping Project: Report For The St. Paul Judicial District, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The St. Paul Judicial District is the fifth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a largescale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
Moral And Legal Responsibility With Respect To Alleged Mistreatment Of Transferred Detainees In Afghanistan: Presentation To The House Of Commons Special Committee On The Canadian Mission In Afghanistan, Craig M. Scott
Commissioned Reports, Studies and Public Policy Documents
The present paper takes the form of presentation made on February 10, 2010, to the prorogued Canadian House of Commons Special Committee on the Canadian Mission in Afghanistan, with Members of Parliament from the Bloc Québécois, Liberal Party, and New Democratic Party in attendance. The subject of the presentation is a report and commentary on an all-day event organized by the Nathanson Centre on Transnational Human Rights, Crime and Security at York University’s Osgoode Hall Law School. The event, held in Toronto on February 8, 2010, was called the Special Forum on the Canadian Mission in Afghanistan. The thematic title …
What Does It Cost To Access Justice In Canada? How Much Is “Too Much”? And How Do We Know? Literature Review, Kim Taylor, Ksenia Svechnikova
What Does It Cost To Access Justice In Canada? How Much Is “Too Much”? And How Do We Know? Literature Review, Kim Taylor, Ksenia Svechnikova
Canadian Forum on Civil Justice
Barriers to accessing justice are a serious social concern. It is widely understood among those who work within the justice system, litigants and the general public, that cost is a barrier to accessing justice. Cost was raised as a concern by every litigant who participated in the Civil Justice System and the Public project.
The Alberta Legal Services Mapping Project: Report For The Medicine Hat Judicial District, Glynnis Lieb, Stephanie Abel
The Alberta Legal Services Mapping Project: Report For The Medicine Hat Judicial District, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The Medicine Hat Judicial District is the fourth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Breakdown Of The Rule Of Law In Sri Lanka: An Overview, James Yap, Craig Scott
The Breakdown Of The Rule Of Law In Sri Lanka: An Overview, James Yap, Craig Scott
All Papers
This brief report, prepared for the Sri Lanka Campaign for Peace and Justice and dated September 22, 2010, analyzes the state and the underlying causes of the current breakdown of the rule of law in Sri Lanka. The information herein is drawn primarily, while not exclusively, from three sources: Basil Fernando, Sri Lanka: Impunity, Criminal Justice & Human Rights (Asian Human Rights Commission: Hong Kong, 2010); Justice in retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka (International Bar Association Human Rights Institute [IBAHRI]: London May 2009); Kishali Pinto-Jayawardena, The Rule …
The Alberta Legal Services Mapping Project: Report For The Lethbridge Judicial District, Glynnis Lieb, Stephanie Abel
The Alberta Legal Services Mapping Project: Report For The Lethbridge Judicial District, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The Lethbridge Judicial District is the third of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Social Determinants Of ‘Health’ Of Embryos: Practices, Purposes, And Implications, Roxanne Mykitiuk, Jeff Nisker
The Social Determinants Of ‘Health’ Of Embryos: Practices, Purposes, And Implications, Roxanne Mykitiuk, Jeff Nisker
Articles & Book Chapters
An increasing focus on the biomedical determinants of the health of embryos and fetuses is resulting from new technical possibilities, clinical considerations and research purposes (Nisker and White, 2005), but also from social factors, and for a variety of reasons. An exploration of the determinants of health of embryos, just as an exploration of the determinants of child or adult health, must take into consideration traditional social determinants, including those related to the consequences of poverty, such as poor nutrition and toxic environments (World Health Organization, 1948; Wilkinson and Marmot, 2003; Raphael, 2004), but also laws, policies and institutions, which …
The Evictions At Nyamuma: Struggles Over Land And The Limits Of Human Rights Advocacy In Tanzania, Ruth Buchanan, Kerry Rittich, Helen Kijo-Bisimba
The Evictions At Nyamuma: Struggles Over Land And The Limits Of Human Rights Advocacy In Tanzania, Ruth Buchanan, Kerry Rittich, Helen Kijo-Bisimba
Articles & Book Chapters
The event which gave rise to the inquiry in this paper occurred in a village known as Remaining Nyamuma which was located on the border of the Ikorongo Game Reserve, immediately adjacent to the Serengeti National Park in Tanzania. Sometime in October of 2001, district officials informed the villagers by loudspeaker that they must leave the area and return to their original villages within four days. Two days after the notice period had ended, the District Commissioner himself set fire to a house belonging to one of the villagers, initiating a violent eviction of the villagers by the burning of …
Commentary On "Prosecutions, Politics And The Public Interest: Some Recent Developments In The United Kingdom, Canada And Elsewhere", Mary Condon
Articles & Book Chapters
Professor Stenning is to be congratulated for providing a fresh and timely perspective on some crucial dilemmas of prosecutorial decision-making, and for grounding his incisive analysis in a close discussion of a particularly provocative case emerging from the U.K. House of Lords in 2008. The core conundrum he addresses in his paper is the long-standing one of what should be the contours of the role played by a jurisdiction's Attorney General in prosecutorial decision-making. The context here is one in which attorneys general have multiple and significant responsibilities in governmental arenas. Specifically, he poses two questions about the Attorney General's …
Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant
Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant
Articles & Book Chapters
No abstract provided.
What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson
What Ever Happened To Canadian Environmental Law?, Stepan Wood, Georgia Tanner, Benjamin J. Richardson
Articles & Book Chapters
This Article examines the history of Canadian environmental law to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic, and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced …
The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig
The Canadian Public Domain: What, Where, And To What End?, Carys J. Craig
Articles & Book Chapters
This essay explores the important body of scholarship that has emerged on the substance, nature, and role of the public domain in intellectual property law. I offer some concrete definitions of the public domain in the copyright context, identify some ongoing sources of debate in the literature, and highlight some particularly significant voices in public domain discourse. In doing so, my aim is twofold: first, I mean to present a reasonably comprehensive but concise review of the academic public domain movement, which has been directed towards substantiating and politicizing the concept of the public domain, second, I hope to re-situate …
Canadian Pension Funds: Investments And Role In The Capital Markets And Corporate Governance, Poonam Puri, P. M. Vasudev
Canadian Pension Funds: Investments And Role In The Capital Markets And Corporate Governance, Poonam Puri, P. M. Vasudev
Articles & Book Chapters
The article analyzes Canadian pension funds from the perspectives of corporate governance and the capital markets. It reviews their investment allocations and revenue patterns since the 1990s and identifies significant changes. The article finds that pension funds, as shareholders, have turned more activist and they wield considerable influence on corporate governance. They also contribute to shaping public policy, as evident from the relaxation of the rules on foreign investment and the removal of restrictions on communications among shareholders. The paper predicts that the role of pension funds will likely further expand in the future, given the constant rise in their …
Who’S Running The Road?: Street Railway Strikes And The Problem Of Constructing A Liberal Capitalist Order In Canada, 1886-1914, Eric Tucker
Articles & Book Chapters
Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large-scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers’ collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimensions. Using the example of Canadian street railway workers from 1886 to 1914, a period of rapid urbanization and industrialization, this article explores the ways the collective action by workers and their community sympathizers challenged the …
British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel
British Politics, The Welfare State, And Tort Liability Of Public Authorities, Dan Priel
All Papers
There has been a notable shift in the scope of negligence liability of public authorities in the Post War period. Notably there was a trend toward restriction of liability in the 1980s. This essay tries to explain why this happened not by focusing on changing legal formulas but by examining the political context of the law in this area. I begin the essay by demonstrating how changes in the attitudes toward the role of the state have led to the changes in the law in this area. I then go on to examine the impact of Thatcher’s ascent to power. …
A Theory Of Newsgathering? Freedom Of The Press At The Supreme Court, Jamie Cameron
A Theory Of Newsgathering? Freedom Of The Press At The Supreme Court, Jamie Cameron
Articles & Book Chapters
A distinctive cluster of appeals has made its way to the Supreme Court of Canada in the last year or so. These cases raise a variety of issues under section 2(b) of the Charter; and while some relate specifically to freedom of expression, others present important questions about freedom of the press and the media. There are no less than six cases in a group which asks the Court to consider how newsgathering promotes the accountability and transparency of parliamentary government in Canada. Democratic self-goverrmrient is indisputably at the core of section 2(b)'s underlying values, and newsgathering is likewise a …
The Unfinished Project Of Roncarelli V. Duplessis: Justiciability, Discretion And The Limits Of The Rule Of Law, Lorne Sossin
The Unfinished Project Of Roncarelli V. Duplessis: Justiciability, Discretion And The Limits Of The Rule Of Law, Lorne Sossin
Articles & Book Chapters
Roncarelli is remembered fifty years later particularly because of Justice Rand's now iconic statement that "there is no such thing as absolute and untrammelled discretion." Justice Rand defined "untrammelled discretion" as circumstances where action can be taken on any ground or for any reason that can be suggested to the mind of the decision maker. This statement has been understood to mean that all public regulation exercised through discretionary decision-making by executive officials has legal boundaries, and that the role of the courts is to ensure that decisions do not exceed those boundaries.In this paper, the author explores several areas …
Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', Carys J. Craig
Digital Locks And The Fate Of Fair Dealing In Canada: In Pursuit Of 'Prescriptive Parallelism', Carys J. Craig
Articles & Book Chapters
The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, and so to the copyright system more generally. The argument adopts, as its normative starting point, the principle of "prescriptive parallelism" according to which the traditional copyright balance of rights and exceptions should be preserved in the digital environment. Looking to the experiences of other nations, the article explores potential routes towards reconciling technical protection measures with copyright limits, and maintaining a substantive continuity …
The Duty To Consult And Accommodate: Procedural Justice As Aboriginal Rights, Lorne Sossin
The Duty To Consult And Accommodate: Procedural Justice As Aboriginal Rights, Lorne Sossin
Articles & Book Chapters
This article explores the development and application of the “duty to consult and accommodate” from an administrative law perspective and more broadly con- siders the promise and limitations of procedural justice through the context of ab- original rights. The question addressed in this article is the relationship between procedural justice and substantive outcomes in the context of aboriginal rights in Canada. More specifically, by developing a “duty to consult and accommodate” on the part of the Crown with aboriginal communities who have asserted but not yet proven land claims, has the Court advanced the potential for reconciliation, or provided a …
Criminal Justice Law Reform: Stealing A Page From The American Playbook, James Stribopoulos
Criminal Justice Law Reform: Stealing A Page From The American Playbook, James Stribopoulos
Articles & Book Chapters
Criminal justice law reform is a major component of the Federal Government's current legislative agenda. Unfortunately, instead of basing reforms on criminological research or the advice of experts, our current Government, by its own admission, is far more interested in what ordinary Canadians think about the criminal justice system.
Sales Or Plans: A Comparative Account Of The "New" Corporate Reorganization, Stephanie Ben-Ishai, Stephen J. Lubben
Sales Or Plans: A Comparative Account Of The "New" Corporate Reorganization, Stephanie Ben-Ishai, Stephen J. Lubben
Articles & Book Chapters
In this article, Professors Stephanie Ben-Ishai and Stephen Lubben explore the recent surge in popularity of “quick-sales,” essentially the pre-reorganization plan sale of an insolvent debtor’s assets. In their examination of quick sales, the authors use the recent examples of Lehman Brothers and Chrysler to illustrate the popularity and relevance of the pre-plan sales. The authors then move on to a more detailed discussion of the quick sales process in both Canada and the United States, isolating the differences and similarities between both countries, and weighing the costs and benefits of each approach. Ultimately, the authors argue that questions of …