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Articles 61 - 67 of 67
Full-Text Articles in Law
Current Tax Reading, Robin Boadway, Kim Brooks, Jinyan Li, Alan Macnaughton
Current Tax Reading, Robin Boadway, Kim Brooks, Jinyan Li, Alan Macnaughton
Articles, Book Chapters, & Popular Press
The Canadian Tax Journal publishes research in, and informed comment on, taxation and public finance, with particular relevance to Canada. To this end, the journal invites interested parties to submit manuscripts for possible publication as peer-reviewed articles, and it especially welcomes work that contributes to the analysis, design, and implementation of tax policies.
The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare
The Spousal Support Advisory Guidelines, Soft Law, And The Procedural Rule Of Law, Jodi Lazare
Articles, Book Chapters, & Popular Press
The Spousal Support Advisory Guidelines facilitate discretionary spousal support determinations under the Divorce Act. Non-binding in nature, they are expected to restore some transparency to an uncertain and unpredictable remedy and to benefit dependent spouses who might previously have been deterred from claiming support. They may thus be seen as an important tool for advancing economic justice at family breakdown and promoting substantive economic gender equality. Several Canadian appellate courts have enthusiastically endorsed them. Others object to their application, grounding their resistance in their unofficial and non-binding character. This paper responds to that objection, based on the constitutional separation of …
To Recognize Or Not? Good Faith Under Nigerian Law Of Contract, Olabisi D. Akinkugbe
To Recognize Or Not? Good Faith Under Nigerian Law Of Contract, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Unlike jurisdictions such as Canada and the United Kingdom, Nigerian courts have not engaged with the doctrine of good faith. Similarly, there is a dearth of academic scholarship that examines this aspect of the Nigerian law of contract. In this paper, I examine how the Nigerian courts have operationalized the common law of good faith in the performance of contracts. Rather than suggest that good faith as “an organizing principle” has an internally consistent meaning by which we can transplant the doctrine from one jurisdiction to another, or even apply the so-called duty of honest performance as enunciated by the …
The Gender Injustice Of Abortion Laws, Joanna Erdman
The Gender Injustice Of Abortion Laws, Joanna Erdman
Articles, Book Chapters, & Popular Press
This commentary is a response to Katarzyna Sękowska-Kozłowska’s article on the treatment of criminal abortion laws as a form of sex discrimination under international human rights law through a study of the communications, Mellet v. Ireland and Whelan v. Ireland. The commentary offers a reading of these communications, and specifically the sex discrimination analysis premised on inequalities of treatment among women, as an engagement with the structural discrimination that characterises abortion laws, and asa radical vision for gender justice under international human rights law.
Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn
Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn
Articles, Book Chapters, & Popular Press
The 2015 restorative justice process at Dalhousie University’s Faculty of Dentistry is a case study that reveals the connection at conceptual and practical levels between restorative justice and responsive regulation as common expressions of relational theory and practice. Their relationship is clearest when, as in this case, issues are understood in their full contexts and circumstances require a widening of the circle of issues and parties. At this scale the complexity of the situation and the need for responsive interventions capable of supporting and sustaining a just relationship is revealed.
Legal Uncertainty And Conflict Of Laws In The Application Of Statutes Of Limitation In Nigeria, Okanga Ogbu Okanga
Legal Uncertainty And Conflict Of Laws In The Application Of Statutes Of Limitation In Nigeria, Okanga Ogbu Okanga
Articles, Book Chapters, & Popular Press
Statutes of limitation, otherwise called limitation laws, are legislative instruments or enactments that specify the timeframe within which an action or claim relating to a particular subject-matter may be brought to court. The implication of such enactments, subject to relevant exceptions, is that once an actionable wrong has occurred, the stipulated timeframe for an action to be instituted begins to run and if it lapses, without an action being instituted, the injured party would no longer be allowed to bring the action to court. The right of action would be deemed to have become “statute-barred.” Statutes of limitation are laws …
Refusing Care As A Legal Pathway To Medical Assistance In Dying, Jocelyn Downie, Matthew J. Bowes
Refusing Care As A Legal Pathway To Medical Assistance In Dying, Jocelyn Downie, Matthew J. Bowes
Articles, Book Chapters, & Popular Press
Can a competent individual refuse care in order to make their natural death reasonably foreseeable in order to qualify for medical assistance in dying (MAiD)? Consider a competent patient with left-side paralysis following a right-brain stroke who is not expected to die for many years; normally his cause of death would not be predictable. However, he refuses regular turning, so his physician can predict that pressure ulcers will develop, leading to infection for which he will refuse treatment and consequently die. Is he now eligible for MAiD? Consider a competent patient with spinal stenosis (a non-fatal condition) who refuses food …