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Articles 1 - 8 of 8
Full-Text Articles in Law
Soapbox: Racial Profiling Is An Epidemic In Canada, Sujith Xavier
Soapbox: Racial Profiling Is An Epidemic In Canada, Sujith Xavier
Law Publications
Racial profiling is an epidemic in Canada. Experts recognize racial profiling’s limitations as a policing tool. Social science researchers and lawyers suggest that racial profiling is an affront to our human rights and dignity. Much more importantly, it is unconstitutional and contrary to our shared values rooted in pluralism and fundamental freedoms. Law enforcement officials and the public nonetheless seem prepared to look past these concerns because it is necessary to protect the public from serious harm.
The Property Attributes Of Copyright, Pascale Chapdelaine
The Property Attributes Of Copyright, Pascale Chapdelaine
Law Publications
The primary goal of this article is to look at the property attributes of copyright to inform a more nuanced understanding of the nature of copyright that emphasizes its distinct character. I resort primarily to James W. Harris' theory in Property and Justice, and in particular, on the insights that his characterization of property as the twin manifestation of trespassory rules and of an ownership spectrum, bring to the understanding of copyright. While copyright holders' right to exclude has been a focal point in copyright theory, looking at copyright through trespassory rules and the ownership spectrum allows me to discern …
Property In Labour And The Limits Of Contract, Claire Mummé
Property In Labour And The Limits Of Contract, Claire Mummé
Law Publications
As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed as self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. There has been little research on the ways in which the law does so, however, for the simple reason that self-ownership of one’s laboring capacities is often taken as fact, as the starting premise for analysis, and treated as a necessary pre-condition for individual self-realization …
Depending On The Kindness Of Strangers: Access To Civil Justice In Canada, Noel Semple
Depending On The Kindness Of Strangers: Access To Civil Justice In Canada, Noel Semple
Law Publications
‘Abysmal’ was the word used to describe the accessibility of Canadian civil justice in a recent major report. Access to justice is simultaneously a social problem, a professional obligation for the legal profession, and a market opportunity for law firms. Are there any signs of significant progress on any of these fronts? This short Correspondent's report will review recent Canadian efforts to connect people of modest means with the expert legal services they urgently need.
Impacts Of The Criminalization On The Everyday Lives Of People Living In With Hiv In Canada, Barry D. Adam, Richard Elliott, Patrice Corriveau, Ken English
Impacts Of The Criminalization On The Everyday Lives Of People Living In With Hiv In Canada, Barry D. Adam, Richard Elliott, Patrice Corriveau, Ken English
Sociology, Anthropology, and Criminology Publications
As part of a study on the social consequences of the criminal justice system on people living with HIV or AIDS (PHAs) in Canada, this article focuses on how heightened public identification of HIV with criminal matters is having wide ranging effects on perceived personal security and in particular on negotiating potential romantic and sexual interactions. As articulated by the Supreme Court of Canada, the courts have been enforcing a requirement that HIV-positive people disclose their sero-status to prospective partners, relying on the notion that “through deterrence it [the Criminal Code] will protect and serve to encourage honesty, frankness and …
A Taxonomy Of Lawyer Regulation: How Contrasting Theories Of Regulation Explain The Divergent Regulatory Regimes In Australia, England/Wales, And North America, Russell G. Pearce, Noel Semple, Renee Newman Knake
A Taxonomy Of Lawyer Regulation: How Contrasting Theories Of Regulation Explain The Divergent Regulatory Regimes In Australia, England/Wales, And North America, Russell G. Pearce, Noel Semple, Renee Newman Knake
Law Publications
What explains the dramatic contrast between legal services regulation in the United States and anglophone Canada, on one hand, and England/Wales and Australia, on the other? In order to help explain these divergent regulatory choices, and to further comparative analysis, this Essay proposes a taxonomy of theories of legal services regulation drawn from these common-law jurisdictions. Although most jurisdictions employ a combination of approaches, as well as some hybrid methods, the Essay identifies the two dominant perspectives: (1) the professionalist-independent framework, predominate in anglophone North America, and (2) the consumerist-competitive framework found in the common law jurisdictions of Northern Europe …
New Hacktivists And The Old Concept Of Levée En Masse, Christopher Waters
New Hacktivists And The Old Concept Of Levée En Masse, Christopher Waters
Law Publications
English Abstract: The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar. It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levée en masse, and asking whether the concept could have relevance in the cyber context. The article treats levée en masse as a litmus test for the law’s relevance; if this IHL “relic” could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less …
The Ontario Human Rights Code’S Distributive And Recognitional Functions In The Workplace, Claire Mummé
The Ontario Human Rights Code’S Distributive And Recognitional Functions In The Workplace, Claire Mummé
Law Publications
In her analysis of the purpose of the Ontario Human Rights Code, the author draws on Nancy Fraser’s distinction between the two main strategies that have been used to combat inequality. Strategies of redistribution, which prevailed among equality activists in the early twentieth century, see inequality as arising from unequal access to economic resources. Strategies of recognition, which have come into prominence more recently, see inequality as arising from sociocultural prejudices that deny equal recognition to disadvantaged groups. Although the Ontario Human Rights Code is often seen as focusing on recognitional issues, the author argues that through the market relationships …