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Articles 1 - 15 of 15
Full-Text Articles in Law
Gendering The Pension Promise In Canada: Risk, Financial Markets And Neoliberalism, Mary Condon
Gendering The Pension Promise In Canada: Risk, Financial Markets And Neoliberalism, Mary Condon
Articles & Book Chapters
This article argues that retirement income provision in Canada is built on gendered assumptions, which produce material disadvantage for women. These inequalities are being exacerbated by current neoliberal trends towards the 'marketization' and individualization of pension provision, supported by tax, securities and corporate legal norms. The argument is developed using recent legislative changes to the operation of the Canada Pension Plan and recent developments in the regulation of mutual funds in Ontario as case studies. The article concludes by sketching out some possible points of departure for feminist interventions in pension privatization debates.
In The Name Of The International: The Supreme Court Of Canada And The Internationalist Transformation Of Canadian Private International Law, Robert Wai
Articles & Book Chapters
Globalization and internationalization are pervasive in contemporary cultural, political, and economic policy discourses. Not surprisingly, a concern with internationalization and globalization increasingly characterizes the policy discourses of law. While the law often operates at a lag to broader social trends, it is sometimes more active in constituting such trends. This article is concerned with a striking episode of legal change oriented towards the perceived new realities of the international system, which occurred in the unlikely venue of private international law in Canada.
Of Butterflies And Bitterness?: Legal Fictions In Corporate And Securities Law, Mary G. Condon
Of Butterflies And Bitterness?: Legal Fictions In Corporate And Securities Law, Mary G. Condon
Articles & Book Chapters
The theme of fictions in law in the context of corporate and securities law raises some intriguing issues, and I am particularly grateful for the opportunity it gives me to rethink some of my previous work on corporate law. At one level, the topic of fictions in law is an obvious one for an Anglo-American corporate lawyer. One of the first principles of Anglo-American corporate law that students learn is that the corporation is best understood as a legal fiction. The principle is otherwise known as the doctrine of the separate legal personality of the corporation. This is the idea …
Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott
Towards The Institutional Integration Of The Core Human Rights Treaties, Craig M. Scott
Articles & Book Chapters
No abstract provided.
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Articles & Book Chapters
The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, …
Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan
Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan
Articles & Book Chapters
In this paper, the authors seek to use the insights gained by viewing and thinking critically about a range of Hollywood films to better illuminate the disciplinary blindspots of law. Both law and film are viewed as social institutions, engaged in telling stories about social life. Hollywood films are often critical of law and legal institutions. Law is dismissive of its representation within popular culture. However, the authors argue that law disregards cinematic cynicism about itself at its peril and that there is much to learn by taking cinematic portrayals of law very seriously---not as representations of the truth of …
Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott
Carbon Sinks Science And The Preservation Of Old Growth Forests Under The Kyoto Protocol, Dayna Scott
Articles & Book Chapters
The structure of the mechanisms in the Kyoto Protocol with respect to "carbon sinks," may be integrated so as to place incentives on national governments that counter recent progress made towards the preservation of old-growth forests. A focus on the element carbon fails to recognize values other than sequestration that standing forests can provide. For example, an approach that strictly seeks to increase the rate of fixation of atmospheric carbon will favour replacing old-growth forests with monocultural plantations of trees. The international community, in implementing these mechanisms, may frustrate other environmental initiatives such as the conservation of endangered species habitat …
The Capital Markets Perspective On A National Securities Regulator, Poonam Puri
The Capital Markets Perspective On A National Securities Regulator, Poonam Puri
Articles & Book Chapters
The purpose of this paper is to provide an empirical foundation from a capital markets perspective to ground the discussion and analysis on the constitutionality of a national securities regulator. Based on the data, the case for a national securities regulator for Canada is more evident now than it has ever been. This paper first explores the academic and empirical literature on the relationship between regulation and the strength of that jurisdiction’s capital markets, as measured by the cost of capital, liquidity and investor protection. Studies have found that Canadian companies have a higher cost of capital than their U.S. …
The Past And Future Of Canadian Generalist Law Journals, Bruce Ryder
The Past And Future Of Canadian Generalist Law Journals, Bruce Ryder
Articles & Book Chapters
The author reviews the history and evolution of Canadian university-based generalist journals. The growth in the number of these journals grew steadily from the late 1940s to the early 1970s, and then stopped abruptly. The driving force behind the establishment of these journals were local and pedagogical: they were adjuncts of students' legal education. By the late 1960s and early 1970s, most generalist journals had outgrown their original mission. They became significant venues for the publication of legal scholarship and reformulated their aims and procedures to set high scholarly standards. All of the existing university-based generalist law journals now have …
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil
Articles & Book Chapters
In a series of important decisions, the Court has come to grips with a number of issues that it did its best to avoid in the past, involving the identification and definition of Aboriginal rights, the content of Aboriginal title to land and the requirements for proving it, and the relevance of the law of New France to Aboriginal rights today. This paper will focus on these recent developments in the law, as well as attempting to identify areas where the law of Aboriginal rights is incomplete and so requires further judicial elucidation.
Interpreting Intervention, Craig Scott
Interpreting Intervention, Craig Scott
Articles & Book Chapters
The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …
The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel
The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel
Articles & Book Chapters
In general, the jurisdiction of a state to prescribe, to adjudicate, and to enforce' is related to physical location. Yet, physical location is foreign to the Internet, which can be defined as the electronic medium of worldwide computer networks within which online communication takes place. The absence of physical location calls into question the applicability of the traditional public and private international law principles and rules that are based primarily on territoriality, in order to delineate the jurisdiction of states and their courts over the Internet and its users.
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
Articles & Book Chapters
In practice, most pre-incorporation contracts cause no difficulty for the parties who intend to benefit directly from them. In the normal course of events, once the corporation is incorporated, both the corporation and the third party perform on the contract: However, when the corporation does not come into existence, or comes into existence but refuses to adopt a contract, difficult legal issues arise in relation to the rights and liabilities of the parties? In these situations, the following questions must be -resolved: To what extent is the promoter liable on,the contract? To what extent is the corporation liable on the …
Restitution In Private International Law, By G. Panagopoulos, Janet Walker
Restitution In Private International Law, By G. Panagopoulos, Janet Walker
Articles & Book Chapters
This is a book review of Restitution in Private International Law by George Panagopoulos.
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis
Articles & Book Chapters
Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …