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Full-Text Articles in Law
Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan
Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan
Osgoode Hall Law Journal
The authors analyze the interconnections between space, law, and power and forge links between critical studies in law and geography. Analytical categories of space-for example, the divide between public and private space, or the concept of national citizenship-are all politically constructed. The authors analyze Canadian and American concepts of federalism and their impact on regulating worker safety. A common judicial mapping of work, local space, and state regulation determines whether local officials have enforcement authority in contexts where national worker safety regulations apply. Through this analysis, the authors illustrate the potential for future studies in critical legal geography.
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Osgoode Hall Law Journal
The sanction for occupational health and safety offences in Ontario is a regulatory prosecution in provincial criminal court. In contrast, regulatory officials assess administrative penalties in British Columbia and the United States. A larger proportion of offenders are punished under these administrative processes than in the Ontario criminal justice system, and the average administrative penalty generally is higher than the average criminal fine. In addition, a system of administrative penalties is better able to identify employers who warrant punishment because regulators apply the civil standard of proof, attach great weight to a firm's compliance history, and do not reserve penalties …