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1989

Osgoode Hall Law School of York University

Journal

Articles 1 - 11 of 11

Full-Text Articles in Law

The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek Jul 1989

The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek

Osgoode Hall Law Journal

The breakdown in the links of mass production and mass consumption poses problems throughout the advanced industrial world. In each nation-state the ensuing struggles will take different forms. In postwar Canada, the link between mass consumption and mass production did not lead to the same kind of trade union participation in decision-making as it did in much of Europe. Workers were unable to establish embedded rights of worker participation. What was known as the fordist model in Europe did not have deep roots in Canada. Canadian workers are now being attacked by employers whose bargaining powers were never seriously blunted, …

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Interdependence And Permeability Of Human Rights Norms: Towards A Partial Fusion Of The International Covenants On Human Rights, Craig Scott Jul 1989

Interdependence And Permeability Of Human Rights Norms: Towards A Partial Fusion Of The International Covenants On Human Rights, Craig Scott

Osgoode Hall Law Journal

Using the doctrine of interdependence of human rights as a starting point, the author considers the extent to which international human rights norms located in the International Covenant on Economic, Social and Cultural Rights (ICESCR) "permeate" the parallel International Covenant on Civil and Political Rights (ICCPR), thereby permitting certain social and economic rights to be subjected to the individual petition procedure under the ICCPR's Optional Protocol. After elucidating the notion of interdependence, the author evaluates the salience of the concept in international human rights discourse, and weighs this against arguments for the continued normative separation of the Covenants based on …

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Minority Shareholder Rights In Canada And England: 1860-1987, Jeffrey G. Macintosh Jul 1989

Minority Shareholder Rights In Canada And England: 1860-1987, Jeffrey G. Macintosh

Osgoode Hall Law Journal

This article reviews the changing relationship between majority and minority shareholders over approximately the past century and a quarter. In the last century and the early part of this century, company law in Canada and England was built on a foundation of majoritarianism, which was sometimes applied over-zealously by the courts to the detriment of minority shareholders. This majoritarianism has slowly yielded over time, however, to a greater concern for the position of minority shareholders. It is still not clear if controlling shareholders owe fiduciary duties at common law either to the company or to other shareholders. However, the courts …

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The Politics Of Common Law In Theory And History, Ian Duncanson Jul 1989

The Politics Of Common Law In Theory And History, Ian Duncanson

Osgoode Hall Law Journal

This paper is concerned with the theme of law as an outsider, in theory and practice, and with its appearance as the cohesive force which intervenes to make social order possible. In the first part of the paper I look at two legal theories and at two examples of what I take to be liberal historiography. In the second part I discuss the English common law, and the implications of its close association with agrarian capitalism and City of London finance.

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The Law Of Worker Ownership, Christopher S. Axworthy, David Perry Jul 1989

The Law Of Worker Ownership, Christopher S. Axworthy, David Perry

Osgoode Hall Law Journal

This article discusses Canadian, U.K., U.S., French, and Swedish models of worker ownership and the legal principles which apply to them. Based on the evidence that, in contrast to other traditional forms of workplace organization, worker participation in ownership and management gives rise to greater efficiency and productivity, lower employee absentee rates, greater job satisfaction, reduced need for managerial supervision, the lowest cost per job created and a democratic workplace, the article argues for comprehensive legislation to address the relevant issues surrounding worker ownership, so that worker co-operatives and other forms of worker ownership can reach their full potential in …

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Models Of Market Behaviour And Competition Law: Exclusive Dealing, Marilyn Maccrimmon, Asha Sadanand Jul 1989

Models Of Market Behaviour And Competition Law: Exclusive Dealing, Marilyn Maccrimmon, Asha Sadanand

Osgoode Hall Law Journal

The paper arose out of the authors' belief that economic principles should, and probably will, play a larger role in the decisions of the new Competition Tribunal. The objective of the paper is to clarify some of the underlying assumptions and choices implicit in the regulation of competitive behaviour by examining the literature on economic analysis of market behaviour written by both economists and lawyers. The authors are especially concerned with the recent emphasis on strategic behaviour and its contrast to the Chicago school approach which recommends less interference with market behaviour. They examine the differences between the assumptions of …

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The Socio-Legal Impact Of Equal Pay Legislation In Ontario, 1946-1979, Robert Malarkey, John Hagan Apr 1989

The Socio-Legal Impact Of Equal Pay Legislation In Ontario, 1946-1979, Robert Malarkey, John Hagan

Osgoode Hall Law Journal

Equal pay legislation in Ontario has been a source of considerable attention, concern, and conflict since the late nineteenth century. A variety of women's organizations, human rights groups, labour unions, and political parties actively promoted equal pay for equal work legislation. In March 1951, the Ontario provincial government did enact an equal pay law to rectify perceived inequities between male and female workers. Since that initial legislation, numerous individuals and groups have complained that this legislation has done little to narrow the male-female wage differential in Ontario. In this article we argue that, in fact, the Ontario government's equal pay …

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The Status Of Normalized Drafting: The Need For Theory Building And Empirical Verification, Peter Ziegler Apr 1989

The Status Of Normalized Drafting: The Need For Theory Building And Empirical Verification, Peter Ziegler

Osgoode Hall Law Journal

"Normalized legal drafting" has been defined as "a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized." Although many legal academics over a number of years have asserted that there are many benefits to be obtained through use of the principles of normalized drafting in the enactment of legislation, surprisingly only one formal empirical study has been reported that indicates that the theory of normalized drafting may provide for the effective enactment of legislative policy. This paper examines the subject of …

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Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty Apr 1989

Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty

Osgoode Hall Law Journal

In this essay Professor Beatty joins the debate as to how, if at all, the Charter of Rights and Freedoms and the process of judicial review can be integrated with our tradition of democratic rule and the sovereignty of the popular will. Rather than deal directly with the arguments of those who are critical of the entrenchment of a written bill of rights, Professor Beatty endeavors to cast the Charter and the new role of the judges in the best possible light. Analogizing the process of constitutional review to "conversations of justification" (using examples drawn from the labour law field), …

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Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar Jan 1989

Diagnostic Adjudication In Appellate Courts: The Supreme Court Of Canada And The Charter Of Rights, Carl Baar, Ellen Baar

Osgoode Hall Law Journal

Three distinct adjudicatory processes are found in appellate courts: decisional adjudication (applying principles), procedural adjudication (choosing among principles), and diagnostic adjudication (defining and developing principles). The Supreme Court of Canada has traditionally used procedural adjudication, in which the adversary process frames issues and generates supporting material. However, the Court's decreased caseload, its increased discretion to select cases, and the arrival of a new wave of issues under the Charter of Rights has shifted the Court's work to diagnostic adjudication. As judgment becomes less a choice problem and more a creative exercise, both the degree and kind of judicial involvement changes. …

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Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan Jan 1989

Constitutional Arguments: Interpretation And Legitimacy In Canadian Constitutional Thought, Joel C. Bakan

Osgoode Hall Law Journal

The author provides an analysis and critique of the various types of arguments advanced by Canadian constitutional jurists to establish formal grounds for the legitimacy of judicial review under the Canadian constitution. He demonstrates how two variables - constitutional truth and trust in the judiciary - are relied upon in past and contemporary debates about constitutional adjudication to construct four different types of argument about the legitimacy of judicial review. Each of these types of argument is then criticized in the context of recent Charter decisions. It is argued that none of them can sustain the burden of legitimating judicial …

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