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Articles 1 - 18 of 18
Full-Text Articles in Law
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
Law Publications
Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.
A Wavering Commitment? Administrative Independence And Collaborative Governance In Ontario’S Adjudicative Tribunals Accountability Legislation, Laverne Jacobs
A Wavering Commitment? Administrative Independence And Collaborative Governance In Ontario’S Adjudicative Tribunals Accountability Legislation, Laverne Jacobs
Law Publications
In December 2009, the Ontario Legislative Assembly enacted the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 [ATAGAA]. This new legislation offers a unique approach to ensuring that adjudicative tribunals in the province are transparent, accountable and efficient in their operations while preserving their decision-making independence. This approach aims to bring the executive branch of government and tribunals together in achieving effective and accountable internal tribunal governance. Through the use of illustrative cases, the author argues, however, that the statute does not address many of the contemporary concerns about administrative independence and accountability that tribunals experience on the ground. She …
Cost-Benefit Analysis Of Family Service Delivery: Disease, Prevention, And Treatment, Noel Semple
Cost-Benefit Analysis Of Family Service Delivery: Disease, Prevention, And Treatment, Noel Semple
Law Publications
Family relationships are both a source of profound satisfaction, and a source of profound challenges for Ontarians. All family relationships end eventually, and it is not always death which does them part. At least 40% of intimate relationships between adults are eventually terminated by the choice of one or both parties.1 Some intimate relationships dissolve painlessly. Many others, however, create serious challenges when they end, both for the individuals involved and for Ontario as a whole. From the province’s point of view, these family challenges can be analogized to a public health problem. The malady in question is not generally …
The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson
The Creation Of University Intellectual Property: Confidential Information, Data Protection, And Research Ethics, Margaret Ann Wilkinson
Law Publications
Protection of commercial confidences is both required as part of the intellectual property provisions of current trade agreements and routinely prerequisite for achieving patent protection. This paper discusses the protection of such commercial confidences and the relationship of this protection with the statutory regime in Canada of personal data protection, but does so within the specific context of an examination of these matters in light of the governance of the processes of research conducted in universities. The nexus of university research and commercial research occurs frequently—for example, in the area of the development and testing of drugs in Canada. The …
Confidential Information And Privacy-Related Law In Canada And In International Instruments, Margaret Ann Wilkinson
Confidential Information And Privacy-Related Law In Canada And In International Instruments, Margaret Ann Wilkinson
Law Publications
Canadians like to think their country is law-abiding and honours its international commitments. Is Our House in Order? explores this public perception while considering whether or not it is correct in terms of domestic law.
Examining a range of topics such as treaty implementation, federal-provincial relations, the environment, international humanitarian law, and the protection of confidential information, contributors disentangle the complex processes involved in implementing international law in Canadian law. They highlight how the federal negotiation and ratification process has been opened up to the public, what is being done to give effect to custom in domestic law, and offer …
The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld
The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld
Law Publications
No abstract provided.
Canada's Implementation Of The Wto Agreement, Chios Carmody
Canada's Implementation Of The Wto Agreement, Chios Carmody
Law Publications
No abstract provided.
Law And Reform Of The International Economic System, Chios Carmody
Law And Reform Of The International Economic System, Chios Carmody
Law Publications
No abstract provided.
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
The Duty To Settle In Wto Dispute Settlement, Chios Carmody
Law Publications
WTO disputes form an important part of the way we think about WTO law today. Nevertheless, given the fact that virtually all of the disputes must, at some point or other, settle, this article argues that an important — and perhaps even pre-eminent — aspect of WTO law is the law of settlement. There is an actual duty on parties in WTO law to resolve the cases they are involved in. This is not a “hard” obligation in the sense of having to achieve a specific result, but rather one of a softer, process-oriented variety. This article examines the law …
Normativity, Fairness, And The Problem Of Factual Uncertainty, Andrew Botterell, Christopher Essert
Normativity, Fairness, And The Problem Of Factual Uncertainty, Andrew Botterell, Christopher Essert
Law Publications
This article concerns the problem of factual uncertainty in negligence law. We argue that negligence law's insistence that fair terms of interaction be maintained between individuals — a requirement that typically manifests itself in the need for the plaintiff to prove factual or “but-for” causation — sometimes allows for the imposition of liability in the absence of such proof. In particular, we argue that the but-for requirement can be abandoned in certain situations where multiple defendants have imposed the same unreasonable risk on a plaintiff, where the plaintiff suffers the very sort of harm that rendered the risk unreasonable, and …
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer
Law Publications
Michael Trebilcock's scholarship has long recognized the importance of ideas, interests, and institutions in shaping policy. Taking the same analytical approach that Michael Trebilcock and Ninette Kelley use in their ground-breaking book on the history of Canadian immigration, which focuses on economic interests, contested ideas, and institutions, this article examines the Canadian historical experience to gain an understanding of the ideas, interests, and institutions that have been influential in shaping the evolution of Canadian bankruptcy law. Specifically, the article addresses the rise of Canadian bankruptcy legislation in the early post-Confederation period and its ultimate repeal in 1880. Bankruptcy law represented …
Justice Ivan Rand's Commercial Law Legacy: Contracts And Bankruptcy Policies, Thomas G. W. Telfer
Justice Ivan Rand's Commercial Law Legacy: Contracts And Bankruptcy Policies, Thomas G. W. Telfer
Law Publications
No abstract provided.
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Facilitating Intergovernmental Dialogue: Judicial Review Of The Division Of Powers In The Supreme Court Of Canada, Wade Wright
Law Publications
No abstract provided.
Whose Best Interests? Custody And Access Law And Procedure, Noel Semple
Whose Best Interests? Custody And Access Law And Procedure, Noel Semple
Law Publications
Custody and access disputes arise when separated parents cannot agree about how to divide the ongoing rights and responsibilities of parenting. “Custody” usually means the right to make decisions on behalf of a child, and the right to have care and control of a child. “Access” refers to the right to be with or communicate with a child, and may also include the right to obtain information about a child. While most parents resolve custody and access disputes privately, a substantial number also pass through our courts. In 1998, proposals to amend the Divorce Act triggered a heated debate about …
The Silent Child: A Quantitative Analysis Of Children’S Evidence In Canadian Custody And Access Cases, Noel Semple
The Silent Child: A Quantitative Analysis Of Children’S Evidence In Canadian Custody And Access Cases, Noel Semple
Law Publications
There are two possible forms of evidence in a custody or access (visitation) case which is determined through adjudication. First, the judge may hear from the adult parties and the witnesses whom they choose to call. Second, the judge may hear “children’s evidence,” which comes either directly from the child, or from a neutral professional with child-related expertise. To determine the prevalence of children’s evidence in Canadian custody and access litigation, the author conducted a quantitative survey of 181 reported decisions from 2009. The central finding was that only 45% mentioned any form of children’s evidence. Among the various varieties …
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part One), Pascale Chapdelaine
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part One), Pascale Chapdelaine
Law Publications
Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally …
Sri Lankan Presidential Commission Of Inquiry (2007): Did It Amount To A Fair Hearing?, Sujith Xavier
Sri Lankan Presidential Commission Of Inquiry (2007): Did It Amount To A Fair Hearing?, Sujith Xavier
Law Publications
In this paper, the aim is to assess the procedure of the recent Sri Lankan Presidential Commission of Inquiry and to provide a substantive legal critique of the conflict of interest that troubled the Commission.
History In The Balance: Copyright And Access To Knowledge, Myra Tawfik
History In The Balance: Copyright And Access To Knowledge, Myra Tawfik
Law Publications
No abstract provided.