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Articles 1 - 16 of 16
Full-Text Articles in Law
My "Very Idea" Of Rod - And Yours, Harry Arthurs
My "Very Idea" Of Rod - And Yours, Harry Arthurs
Harry Arthurs
Text of introductory address to symposium The Unbounded Level of the Mind: Rod Macdonald's Legal Imagination, held at McGill University's Faculty of Law, February 7-8, 2014. The author expresses his admiration and affection for Prof Maconald, taking as his clue something he says frequently and in various formulations: “The very idea of law [he says] must be autobiographical”. [Roderick A. Macdonald & Martha-Marie Kleinhans, "What is a Critical Legal Pluralism?" Canadian Journal of Law and Society , 12 (1997), 25-46, 46]. Quote: "If that’s true, then the “very idea” of Rod himself must be “autobiographical”. I’m therefore going to begin …
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
Harry Arthurs
No abstract provided.
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Harry Arthurs
To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.
Law, Politics And The Art Of The Possible, Gregory Sorbara, Edward J. Waitzer, Harry W. Arthurs, Mamdouh Shoukri, Barbara Hennick
Law, Politics And The Art Of The Possible, Gregory Sorbara, Edward J. Waitzer, Harry W. Arthurs, Mamdouh Shoukri, Barbara Hennick
Harry Arthurs
A special lecture and Q&A session with The Honourable Gregory Sorbara, MPP and former Ontario cabinet minister (BA ‘78, LLB ‘81, LLD ‘13). Greg Sorbara served in the Ontario legislature for 21 years as a Liberal MPP and held a series of senior posts in previous Liberal governments, including minister of colleges and universities, minister of consumer and commercial relations, and minister of finance. Greg also served as the Ontario Liberal Party’s campaign chair for three successful elections in 2003, 2007 and 2011. Greg is an alumnus of York University. Greg will be presented with the 2013 Hennick Medal for …
Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs
Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs
Harry Arthurs
The lawmaking process has diffused substantially in the past years, resulting in an increasing maze of departmental subordinate legislation. This phenomenon has not been accompanied by a parallel development of controls resulting in complaints about "bureaucracy", red-tape, inaccessability, and poor draftsmanship, and in demands for review and control. Professor Arthurs recognizes the practical inevitability of the system, but discusses the present situation critically, suggesting reforms which might help to make the regulatory process more compatible with "participatory democracy".
From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs
From Theory And Research To Policy And Practice In Work And Employment - And Beyond?, Harry W. Arthurs
Harry Arthurs
This paper was delivered as the keynote address to the 50th Annual Conference, Canadian Industrial Relations Association, 29 May 2013. My thanks to Alex Zamfir, JD Candidate, Osgoode Hall Law School, for his editorial and research assistance.
Introduction, Harry Arthurs
Introduction, Harry Arthurs
Harry Arthurs
This special edition of the osgoode hall law journal presents a collection of articles originally delivered at a symposium in 2013 celebrating John McCamus’s 40 years as a professor at Osgoode Hall Law School of York University. The conference might equally have celebrated other milestones in John’s remarkable professional life: forty years—give or take—since his first venture in law reform as a member of a research team; twenty years since his appointment as a member (subsequently Chair) of the Ontario Law Reform Commission; twenty years or so as Chair of the Canadian Civil Liberties Association; twenty years as well since …
“Mechanical Arts And Merchandise” Canadian Public Administration In The New Economy, Harry W. Arthurs
“Mechanical Arts And Merchandise” Canadian Public Administration In The New Economy, Harry W. Arthurs
Harry Arthurs
The "New Economy", with its attendant trends and consequences, presents a number of distinct chal- lenges to Canadian public administration. The key features of the New Economy - changes in technol- ogy and the social organization of work, globalization and regional economic integration, and shifts in the boundary between the state and civil society - de- mand a reconsideration of the ways in which we have previously thought about bureaucracy, government, and the role of the interventionist state. These changes in our political economy have profoundly destabilized Canadian public administration and require us to find new ways to cope with …
Madly Off In One Direction: Mcgill’S New Integrated, Poly-Jural, Trans-Systemic Law Program, Harry W. Arthurs
Madly Off In One Direction: Mcgill’S New Integrated, Poly-Jural, Trans-Systemic Law Program, Harry W. Arthurs
Harry Arthurs
In 1994, the McGill Faculty of Law organized a two-day faculty retreat, seeking to lay the foundations of a new curriculum. This desire was in part a response to the contradictions inherent to the faculty, but also stemmed from a deep-seated preoccupation with ‘polyjurality’, non-state normativity, transnational legal systems, and legal theory—a preoccupation that dates back to its origins, over 150 years ago. The author, while praising McGill's efforts at reinventing itself, laments a certain reserve toward interdisciplinarity. He conjectures that at least some understand the teaching of polyjurality and transsystemic law as a project that is largely concerned with …
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Harry Arthurs
This paper is the H.D. Woods Memorial Lecture presented at the 1984 Annual Meeting of the Canadian Industrial Relations Association, Guelph, Ontario.
Will The Law Society Of Alberta Celebrate Its Bicentenary?, Harry W. Arthurs
Will The Law Society Of Alberta Celebrate Its Bicentenary?, Harry W. Arthurs
Harry Arthurs
External changes - in demography and economy, in the domestic and global organization of power - are transforming the knowledge base of Canada's legal profession, the relations amongst lawyers and between lawyers and their "relevant others, " and indeed the very notion oflegal professionalism. This article explores the implication of these changes for the future of the profession 's governing bodies.
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
The "Majestic Equality" Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry Arthurs
Harry Arthurs
Paper Presented at a workshop on Equality, at the Institute for Advanced Studies, Nantes, France, in June, 2014. Two epidemiological studies — the Whitehall Studies of 1967 and 1988 — famously demonstrated that socio-economic status is a primary determinant of health outcomes. By locating a large cohort of British civil servants on a social-class gradient, researchers were able to show that individuals at successively lower levels on that gradient experienced diminishing prospects of good health and longevity. This conclusion was complemented by subsequent studies that concluded that degrees of inequality in a society — rather than absolute levels of wealth …
Corporate Self-Regulation: Political Economy, State Regulation And Reflexive Labour Law, Harry W. Arthurs
Corporate Self-Regulation: Political Economy, State Regulation And Reflexive Labour Law, Harry W. Arthurs
Harry Arthurs
In his introductory essay, Brian Bercusson notes: Actors at disparate levels ... are linking up to form novel regulatory approaches ... The efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the direction of reform are all in dispute. The ambition of this chapter is to explore one such “novel regulatory approach” – reflexive labour law – and to assess not only its efficacy, legitimacy and normative aspirations, but also its intellectual origins, assumptions and implications. The growing corpus of reflexive labour law scholarship comprises foundational essays by Gunther Teubner, an …
Panel 3: Lunch [Keynote Speaker], Roderick A. Macdonald, Harry W. Arthurs
Panel 3: Lunch [Keynote Speaker], Roderick A. Macdonald, Harry W. Arthurs
Harry Arthurs
PANEL III: KEYNOTE ADDRESS: Moderator: Lorne Sossin, Dean, Osgoode Hall Law School; Remarks: Mamdouh Shoukri, President & Vice-Chancellor, York University; Introduction: Harry A. Arthurs, Professor Emeritus, Osgoode Hall Law School; Keynote Speaker: Roderick A. Macdonald, F.R. Scott Professor of Constitutional and Public Law, Faculty of Law, McGill University, "Law Reform for Dummies (Third Edition)."
Constitutional Courage, Harry W. Arthurs
Constitutional Courage, Harry W. Arthurs
Harry Arthurs
In this lecture, Professor Arthurs argues that we are currently in need of "constitutional courage"-the courage to say "no" to ambitious projects of constitutional reform and constitutional litigation as a way to solve our pressing social and political problems. Professor Arthurs first lays out why our current obsession with the constitution is problematic. He insists that we do not even know what the supposed "supreme law of Canada" actually is, what it says, or even what it does. Moreover, instead of transforming society, the current "cult of constitutionalism" has only served to transform legal practice and scholarship. ei then surmises …
The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs?, Harry W. Arthurs
The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs?, Harry W. Arthurs
Harry Arthurs
Self-governance of the legal profession, and the promulgation and enforcement of a code of professional conduct are usually justified by arguments from principle, practicality and past practice. None of these can be sustained However, if professional self-governance were replaced by governmental or judicial regulation, the operational norms of professional conduct - the way lawyers actually behave - would likely not change very much. In fact, formal regulation, by whatever means, is not a major determinant of conduct that can be characterized as unethical. Rather, such conduct is largely determined by the personal characteristics of the individual lawyer, the professional circumstances …