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Osgoode Hall Law School of York University

2001

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Articles 31 - 44 of 44

Full-Text Articles in Law

Listening For A Change: The Courts And Oral Tradition, John Borrows Jan 2001

Listening For A Change: The Courts And Oral Tradition, John Borrows

Osgoode Hall Law Journal

Aboriginal oral history is a valuable source of information about a people's past. It can constitute important evidence as proof of prior events, and/or it can shed light on meanings groups give to their past. Despite its value, however, oral tradition presents particular challenges of admissibility and interpretation because of its unique source and transmission. This article outlines and discuses these challenges and suggests various approaches to better understand the insights contained within aboriginal history.

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Securing Accountability Through Commissions Of Inquiry: A Role For The Law Commission Of Canada, Robert Centa, Patrick Macklem Jan 2001

Securing Accountability Through Commissions Of Inquiry: A Role For The Law Commission Of Canada, Robert Centa, Patrick Macklem

Osgoode Hall Law Journal

Focusing on the Government of Ontario's unwillingness to call a public inquiry into the death of Dudley George, an Aboriginal protester, and the Government of Canada's willingness to interfere with an inquiry into the deployment of Canadian forces to Somalia, this article argues that governments appear increasingly reluctant to support a commission of inquiry into a public crisis even where it can serve as a catalyst for addressing larger and more pressing concerns of institutional and policy reform. It first addresses "start-up problems" associated with the fact that the decision to appoint a commission of inquiry lies within the sole …

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The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri Jan 2001

The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri

Articles & Book Chapters

In practice, most pre-incorporation contracts cause no difficulty for the parties who intend to benefit directly from them. In the normal course of events, once the corporation is incorporated, both the corporation and the third party perform on the contract: However, when the corporation does not come into existence, or comes into existence but refuses to adopt a contract, difficult legal issues arise in relation to the rights and liabilities of the parties? In these situations, the following questions must be -resolved: To what extent is the promoter liable on,the contract? To what extent is the corporation liable on the …

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The Past And Future Of Canadian Generalist Law Journals, Bruce Ryder Jan 2001

The Past And Future Of Canadian Generalist Law Journals, Bruce Ryder

Articles & Book Chapters

The author reviews the history and evolution of Canadian university-based generalist journals. The growth in the number of these journals grew steadily from the late 1940s to the early 1970s, and then stopped abruptly. The driving force behind the establishment of these journals were local and pedagogical: they were adjuncts of students' legal education. By the late 1960s and early 1970s, most generalist journals had outgrown their original mission. They became significant venues for the publication of legal scholarship and reformulated their aims and procedures to set high scholarly standards. All of the existing university-based generalist law journals now have …

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The Utility Of The Ali/Unidroit Project On Principles And Rules Of Transnational Civil Procedure, Janet Walker Jan 2001

The Utility Of The Ali/Unidroit Project On Principles And Rules Of Transnational Civil Procedure, Janet Walker

Articles & Book Chapters

This article considers the important role that could be played by transnational rules of civil procedure in facilitating transnational litigation and in reducing the incidence of forum shopping.

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The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis Jan 2001

The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis

Articles & Book Chapters

Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …

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Restitution In Private International Law, By G. Panagopoulos, Janet Walker Jan 2001

Restitution In Private International Law, By G. Panagopoulos, Janet Walker

Articles & Book Chapters

This is a book review of Restitution in Private International Law by George Panagopoulos.

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In The Name Of The International: The Supreme Court Of Canada And The Internationalist Transformation Of Canadian Private International Law, Robert Wai Jan 2001

In The Name Of The International: The Supreme Court Of Canada And The Internationalist Transformation Of Canadian Private International Law, Robert Wai

Articles & Book Chapters

Globalization and internationalization are pervasive in contemporary cultural, political, and economic policy discourses. Not surprisingly, a concern with internationalization and globalization increasingly characterizes the policy discourses of law. While the law often operates at a lag to broader social trends, it is sometimes more active in constituting such trends. This article is concerned with a striking episode of legal change oriented towards the perceived new realities of the international system, which occurred in the unlikely venue of private international law in Canada.

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The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel Jan 2001

The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel

Articles & Book Chapters

In general, the jurisdiction of a state to prescribe, to adjudicate, and to enforce' is related to physical location. Yet, physical location is foreign to the Internet, which can be defined as the electronic medium of worldwide computer networks within which online communication takes place. The absence of physical location calls into question the applicability of the traditional public and private international law principles and rules that are based primarily on territoriality, in order to delineate the jurisdiction of states and their courts over the Internet and its users.

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Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan Jan 2001

Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan

Articles & Book Chapters

In this paper, the authors seek to use the insights gained by viewing and thinking critically about a range of Hollywood films to better illuminate the disciplinary blindspots of law. Both law and film are viewed as social institutions, engaged in telling stories about social life. Hollywood films are often critical of law and legal institutions. Law is dismissive of its representation within popular culture. However, the authors argue that law disregards cinematic cynicism about itself at its peril and that there is much to learn by taking cinematic portrayals of law very seriously---not as representations of the truth of …

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Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott Jan 2001

Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott

Articles & Book Chapters

No abstract provided.

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Secret Code: The Need For Enhanced Privacy Protections In The United States And Canada To Prevent Employment Discrimination Based On Genetic And Health Information, Patrik S. Florencio, Erik D. Ramanathan Jan 2001

Secret Code: The Need For Enhanced Privacy Protections In The United States And Canada To Prevent Employment Discrimination Based On Genetic And Health Information, Patrik S. Florencio, Erik D. Ramanathan

Osgoode Hall Law Journal

The collection of genetic and health information by employers for reasons that are unrelated to the health and safety of workers is an undue infringement of the right to privacy, and consequently should be firmly prohibited by statute. Comprehensive genetic and health information privacy requires the protection of at least three critical elements of the right to privacy--namely choice, secrecy, and confidentiality. While choice and secrecy protect the individual's right to privacy at the collection stage, confidentiality safeguards this right at the point of disclosure. Laws that focus on the inappropriate use of genetic and health information without addressing the …

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The Capital Markets Perspective On A National Securities Regulator, Poonam Puri Jan 2001

The Capital Markets Perspective On A National Securities Regulator, Poonam Puri

Articles & Book Chapters

The purpose of this paper is to provide an empirical foundation from a capital markets perspective to ground the discussion and analysis on the constitutionality of a national securities regulator. Based on the data, the case for a national securities regulator for Canada is more evident now than it has ever been. This paper first explores the academic and empirical literature on the relationship between regulation and the strength of that jurisdiction’s capital markets, as measured by the cost of capital, liquidity and investor protection. Studies have found that Canadian companies have a higher cost of capital than their U.S. …

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Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan Jan 2001

Hiv/Aids And Human Rights In Russia: Compliance And The Rule Of Law, William F. Flanagan

Osgoode Hall Law Journal

This article examines Russia’s legal response to its ongoing HIV/AIDS epidemic. Russia’s international human rights obligations are reviewed and the article then critically assesses the extent to which Russia’s current HIV/AIDS law and practice are consistent with those obligations. The paper demonstrates that most aspects of Russia’s HIV/AIDS laws are consistent with Russia’s international obligations. However, the paper also documents key parts of HIV/AIDS practice in Russia that are seriously inconsistent with both Russian HIV/AIDS law and Russia’s international human rights obligations. This inconsistency between HIV-related de jure norms and de facto practice raises the question of compliance with the …

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