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Articles 1 - 8 of 8
Full-Text Articles in Law
Why Have-Nots Win In The Hiv Litigation Arena: Socio-Legal Dynamics Of Extreme Cases, Jane Aiken, Michael Musheno
Why Have-Nots Win In The Hiv Litigation Arena: Socio-Legal Dynamics Of Extreme Cases, Jane Aiken, Michael Musheno
Michael Musheno
Focuses on extreme cases in which people with HIV (PWAs) win HIV-related disputes. Socio-legal explanation of how PWAs managed to win claims against insurance companies, government agencies and other institutional plaintiffs; Judicial preoccupation with PWAs as carriers of contagion; Shifting epidemiology of HIV in the United States.
Breaking Forever Families, Andrea B. Carroll
Breaking Forever Families, Andrea B. Carroll
Andrea Beauchamp Carroll
No abstract provided.
Addressing The Tension Between Directors' Duties And Shareholder Rights - A Tale Of Two Regimes, Sean Vanderpol, Edward J. Waitzer
Addressing The Tension Between Directors' Duties And Shareholder Rights - A Tale Of Two Regimes, Sean Vanderpol, Edward J. Waitzer
Edward J. Waitzer
There is a basic tension inherent in the regulation of corporations between the role to be played by boards and that to be played by shareholders. Boards have the statutory responsibility to manage the business and affairs of the corporation, and owe an express duty to act in the best interests of the corporation. Shareholders, however, are the ultimate ‘owners’ of the corporation, and have the ability to elect and remove directors. Canadian courts and securities regulators have long struggled with this tension in determining the roles to be played by each in transactions that pose the potential for conflicts …
Peoples, Bce, And The Good Corporate "Citizen", Edward J. Waitzer, Johnny Jaswal
Peoples, Bce, And The Good Corporate "Citizen", Edward J. Waitzer, Johnny Jaswal
Edward J. Waitzer
This article considers the use of various legal instruments to advance a more expansive but well-defined view of directors' duties and discretion--a view which focuses on the longer-term interests of the corporation. We begin with an attempt to clarify the nature of directors' statutory duties under Canadian corporate law. We then consider the recent decisions of the Supreme Court of Canada in Peoples Department Stores Inc. (Trustee of) v. Wise and BCE v. 1976 Debentureholders, in which the Court took a broad view of corporate purpose, but failed to provide clear logic or operational guidance as to consequential directorial responsibilities. …
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Edward J. Waitzer
There is a growing debate as to the relative merits and consequences of a shift to a more shareholder-centric corporate governance framework. How much "direct democracy" makes sense in corporate decision making? If power is to be transferred to shareholders, should responsibilities be imposed (and, if so, how)? These issues have long been addressed by courts and regulators in the context of unsolicited control transactions. In its recent Air Products & Chemicals v. Airgas decision, the Delaware Chancery Court canvassed the evolution of its law on this point and concluded that implicit in the power (and responsibility) of the board …
Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott
Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott
Dayna N. Scott
Osgoode Hall Law School Professor Dayna Scott employs the concept of "networked infrastructures" drawn from the literature in critical geography to reveal the environmental justice implications of the coast-to-coast crude oil network that is currently being contemplated in Canada. Her talk was delivered on January 30, 2013 as part of the Osgoode Faculty Research Seminar Series.
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
Sean Rehaag
This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …
The Legal Implications Of Commercializing Intellectual Property Rights, Giuseppina D'Agostino
The Legal Implications Of Commercializing Intellectual Property Rights, Giuseppina D'Agostino
Giuseppina D'Agostino
Giuseppina D'Agostino, an expert in intellectual property and technology law and an Associate Professor at Osgoode Hall Law School on IP law and commercialization.