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Articles 1 - 11 of 11

Full-Text Articles in Law

A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek Oct 1991

A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek

Articles & Book Chapters

No abstract provided.


Technology Transfer: Fighting Climate Change And Pursuing Equity Through The Transfer Of Energy Efficient And Renewable Energy Technologies, Craig M. Scott Aug 1991

Technology Transfer: Fighting Climate Change And Pursuing Equity Through The Transfer Of Energy Efficient And Renewable Energy Technologies, Craig M. Scott

All Papers

The present paper was prepared in the first half of 1991 in collaboration with three national sections of Friends of the Earth (Indonesia, Ghana and Canada). It was written by Craig Scott, with input and feedback from each section, and then edited by Robert Hornung. The purpose of the paper was to provide a discussion document of a “white paper” sort that could be used, as seen fit by Friends of the Earth and allied civil society organizations, in the advocacy efforts before, during and after either the official Earth Summit (of states) in Rio de Janeiro that led to …


The Greening Of Environmental Law, D. Paul Emond Jan 1991

The Greening Of Environmental Law, D. Paul Emond

Articles & Book Chapters

Environmental law in Canada has moved through three distinct stages. The first, beginning with the passage of the early environmental protection statutes, is described as symbolic regulation. "Regulation," because these laws did purport to regulate activities that had deleterious effects on the natural environment, and "symbolic" because the level and degree of regulation was largely symbolic. By the mid '70s and early '80s these laws had given way to two complementary developments. The first involved the introduction of environmental assessment (or audit) statutes and procedures; the second involved a strengthening and expanding of the traditional regulatory tools. The clear thrust …


The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder Jan 1991

The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder

Articles & Book Chapters

The author explores the possibility of employing Canadian consitutional doctrine to develop a more flexible approach that would allow for greater provincial autonomy and First Nation self-government within the existing scheme of ss 91 and 92 jurisprudence. Canadian constitutional doctrine is first interpreted through the competing models of the classical and modem paradigms. The former emphasizes a sharp division of powers and has traditionally been used, the author argues, to invalidate legislation seen to interfere with the market economy. The modem paradigm, on the other hand, recognizes competing jurisdictions and has been used to uphold legislation focusing on morals. The …


Rights, Communities, And Tradition, Brian Slattery Jan 1991

Rights, Communities, And Tradition, Brian Slattery

Articles & Book Chapters

This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.


Freedom Of Expression And Choice Of Language, Leslie Green Jan 1991

Freedom Of Expression And Choice Of Language, Leslie Green

Articles & Book Chapters

This paper argues that sound principles of freedom of expression protect an individual's choice of which language to speak. They do so, not to guarantee against mistranslation, but rather to ensure that speakers are able to reach their intended audiences and, more importantly, to allow for the expressive value of speaking a particular language as a symbol of ethnic or political identification. The example of Quebec's Charter of the French Language and the resulting litigation is considered in some detail.


Book Review: Essays In The History Of Canadian Law: Volume Iii: Nova Scotia, Edited By P. Girard And J. Phillips, Mary Jane Mossman Jan 1991

Book Review: Essays In The History Of Canadian Law: Volume Iii: Nova Scotia, Edited By P. Girard And J. Phillips, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.


The Great Repression: Criminal Punishment In The Nineteen-Eighties, Michael Mandel Jan 1991

The Great Repression: Criminal Punishment In The Nineteen-Eighties, Michael Mandel

Articles & Book Chapters

No abstract provided.


Industry And Humanity Revisited: Everything Old Is New Again: Review Of Paul C. Weiler, Governing The Workplace, Eric Tucker Jan 1991

Industry And Humanity Revisited: Everything Old Is New Again: Review Of Paul C. Weiler, Governing The Workplace, Eric Tucker

Articles & Book Chapters

The decline of American unionism is now a well-documented phenomenon. Its causes and consequences, however, remain the subject of intense debate. Regardless of one’s view of this development, it clearly poses a challenge to the traditional techniques for the legal regulation of the employment relationship, and especially for state-sponsored collective bargaining which has been the centerpiece of American labour policy since the enactment of the Wagner Act in 1935. It is this crisis in American labour and employment law which Paul C. Weiler seeks to address in his new book, “Governing the Workplace: The Future of Labor and Employment Law”. …


Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson Jan 1991

Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson

Articles & Book Chapters

A collection of papers from the ninth Fulbright Colloquium held in September 1989. The papers compare legal practices and procedures in North America and Europe and the barriers to drug development caused by increased litigation in cases involving pharmaceutical products.


Aboriginal Language Rights, Brian Slattery Jan 1991

Aboriginal Language Rights, Brian Slattery

Articles & Book Chapters

This paper considers several possible foundations for Indigenous language rights in the Constitution of Canada and argues for an approach that grounds these rights in inter-societal common law.