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Full-Text Articles in Law
A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey
A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey
Osgoode Legal Studies Research Paper Series
Climate change will dramatically affect labor markets, but labor law scholars have mostly ignored it. Environmental law scholars are concerned with climate change, but they lack expertise in the complexities of regulating the labor relationship. Neither legal field is equipped to deal adequately with the challenge of governing the effects of climate change on labor markets, employers, and workers. This essay argues that a legal field organized around the concept of a 'just transition' to a lower carbon economy could bring together environmental law, labor law, and environment justice scholars in interesting and valuable ways. "Just transitions" is a concept …
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey Assistant Professor
The Promise Of The Rule Of (Environmental) Law: A Reply To Pardy's Unbearable Licence, Jocelyn Stacey Assistant Professor
Osgoode Legal Studies Research Paper Series
This short reply clarifies and defends the argument presented in "The Environmental Emergency and the Legality of Discretion in Environmental Law." It responds to the arguments that were made, and that could have been made, in Pardy's critique "An Unbearable Licence".
Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment, Alastair Neil Craik
Process And Reconciliation: Integrating The Duty To Consult With Environmental Assessment, Alastair Neil Craik
Osgoode Legal Studies Research Paper Series
As the duty to consult Aboriginal peoples becomes operationalized within the frameworks of government decision-making, the agencies responsible for these decisions are increasingly turning to environmental assessment (EA) processes as one of the principal vehicles for carrying out those consultations. This article explores the practical and theoretical dimensions of using EA processes to implement the duties to consult and accommodate. The relationship between EA and the duty to consult has arisen in a number of cases and a clear picture is emerging of the steps that agencies conducting EAs must carry out in order to discharge their constitutional obligations to …
The Unbearable License Of Being The Executive: A Response To Stacey's Permanent Environmental Emergency, Bruce Pardy
The Unbearable License Of Being The Executive: A Response To Stacey's Permanent Environmental Emergency, Bruce Pardy
Osgoode Legal Studies Research Paper Series
This article responds to Jocelyn Stacey's "The Environmental Emergency and the Legality of Discretion in Environmental Law". In her article, Stacey attempts to establish the legitimacy of unfettered executive discretion to deal with environmental issues, but the justification that she provides is not up to the task. She asserts that all environmental issues are emergencies but she does not explain why they are so. She proposes to resolve the problem of executive discretion by redefining the rule of law, thereby rendering it an empty shell. Environmental protection and the rule of law do not push in opposite directions. Instead, it …