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Full-Text Articles in Law

The Politics Of Abortion, Janine Brodie, Shelley Gavigan, Jane Jenson Oct 2015

The Politics Of Abortion, Janine Brodie, Shelley Gavigan, Jane Jenson

Shelley A. M. Gavigan

The United States and Ireland are not the only places where the abortion rights debate currently exists. This book represents the collaboration of three established scholars (two political scientists and one lawyer) to document and analyze the abortion saga in Canada from the legalization of therapeutic abortions in 1969 to the debates over new legislation in 1990. Through the integration of political, legislative, and constitutional dimensions of the issue, this work examines the evolution of abortion policy in Canada.


From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn Oct 2015

From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn

Shelley A. M. Gavigan

In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.


Regulating Sex: An Anthology Of Commentaries On The Findings And Recommendations Of The Badgley And Fraser Reports, John Lowman, Margaret Jackson, Ted Palys, Shelley Gavigan Oct 2015

Regulating Sex: An Anthology Of Commentaries On The Findings And Recommendations Of The Badgley And Fraser Reports, John Lowman, Margaret Jackson, Ted Palys, Shelley Gavigan

Shelley A. M. Gavigan

"This anthology contains 12 papers that explain and critique Canada's Badgley and Fraser Reports, which present research findings and recommendations pertaining to the definition and regulation of sexual behavior and sexual imagery in Canadian society. The opening paper reviews the Federal Government's formal reaction to the reports it commissioned, including an overview of the reports and a summary and evaluation of existing sexual-offense legislation. A paper by a member of the Badgley Committee discusses major criticisms of the report, and a paper by a member of the Fraser Committee describes the philosophy and procedures of the committee. Critiques of the …


Better Never Than Late, But Why?: The Contradictory Relationship Between Law And Abortion, Shelley A. M. Gavigan Oct 2015

Better Never Than Late, But Why?: The Contradictory Relationship Between Law And Abortion, Shelley A. M. Gavigan

Shelley A. M. Gavigan

"I am honoured to have been invited to be a panelist in such distinguished company at this important event. I am particularly attracted to the invitation in the title of the Symposium to reflect upon the 1988 decision of the Supreme Court of Canada in R. v. Morgentaler. In reflecting upon the case, its significance and legacy, I want to talk about the importance of history, the contradictory nature of law and the enduring importance of ideology."


Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag Oct 2015

Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag

Shelley A. M. Gavigan

Collects papers presented at the Symposium in 2011 celebrating forty years of clinical legal education at Osgoode Hall Law School.