Law Commons^™

The Fiscal Contract And Delivering The Canada Disability Benefit Through The Income Tax System, Jinyan Li

Osgoode Hall Law Journal

This article argues that the Canada Disability Benefit should be delivered through the income tax system and designed based on the Canada Child Benefit. The income tax system has evolved for over one hundred years to reflect the give-and-take, or fiscal contract, reached by Canadians to raise revenues to fund social spending programs and deliver benefits to low-income Canadians in accordance with some fundamental principles and values. Being part of the income tax system can enhance the fiscal sustainability of and public support for the new program. Because the Canada Disability Benefit is available only to working-age individuals and is …

How To Design A Program For The Poor That Is Not A Poor Program: Explaining The Political Sustainability Of The Guaranteed Income Supplement, Daniel Béland, Patrik Marier

Osgoode Hall Law Journal

Created in 1967 as a temporary program aimed at supporting low-income people during the maturation of the Canada and Quebec Pension Plans, the Guaranteed Income Supplement (GIS) has since become a permanent policy that remains a central component of Canada’s multi-layered public pension system. In this article, we explain why GIS is a popular and politically successful program that challenges the common wisdom in political science and policy analysis that “programs for the poor are poor programs.” The article shows that the success of GIS stems from its policy design (e.g., income-tested rather than means-tested benefits), the social construction of …

Resolving The Paradox Of Payroll-Tax-Based Social Insurance For Disability: Lessons From The Canada Disability Benefit Act, Mark C. Weber

Osgoode Hall Law Journal

This article discusses contributory social insurance for disability—a government program in which employment taxes produce a fund for pensions to workers who experience disability before retirement age. Although widely viewed as a successful policy innovation, disability insurance presents problems. For example, it produces tensions with a tenet of disability rights: that disability arises from the interaction of impairments with the physical and attitudinal environment, necessitating accommodations, not pensions and separation from the workforce. Moreover, social insurance privileges people whose disabilities occur after they amass work histories, providing a higher level of benefits based on earnings rather than meagre amounts allotted …

Disability Benefits And Administrative Vulnerability: Lessons For Canada From The Us’S Social Security System, Neil H. Buchanan

Osgoode Hall Law Journal

The United States federal government’s disability insurance system is a leading example of the problems that arise when a social program combines subjective eligibility criteria with an administrative apparatus that cannot handle the inevitable expenses and delays that such criteria create and that are expensive to reverse. In particular, Black, female, and non-English speaking individuals are most likely to be improperly denied benefits under that program. By contrast, Canada is moving in the right direction with its recent enactment of the Canada Disability Benefit Act. That Act, while obviously not perfect, importantly improves access to social support for people with …

The Canada Disability Benefit Act And Women With Disabilities: Pursuing Disability Equality And Reducing Administrative Violence, Laverne Jacobs

Osgoode Hall Law Journal

Stakeholders have welcomed the Canadian Disability Benefits Act as an opportunity to rectify the long-standing socioeconomic disadvantage experienced by persons with disabilities. This article examines one specific form of marginalization that lies beneath the surface of the discussions surrounding poverty and persons with disabilities in Canada: It considers women with disabilities and disabled women from intersecting backgrounds, who face unique experiences of poverty that need to be addressed by any legislation aiming to eradicate income barriers for the disability community. By drawing on the theoretical frameworks of bureaucratic disentitlement, administrative violence, and disability equality, this article examines the lived realities …

The Canada Disability Benefit: Battling Ableism In Design And Implementation, Jennifer Robson, Lindsay Tedds

Osgoode Hall Law Journal

This article, written shortly after the framework legislation for the Canada Disability Benefit was introduced, discusses the key benefit design elements and options facing policymakers. We contrast these elements with the directional parameters set in the legislation. In the intervening months, the Government of Canada released an estimate of the annual costs of the new benefit and eventually drafted regulations that detail the actual design of the benefit in the Summer of 2024. These developments are outside the scope of this article, but the analysis in this article provides a foundation for other researchers and stakeholders to interpret and critique …

“Arrogance For Cruelty”: What Builds Exclusion Into The Canada Disability Benefit, Thaddeus Hwong

Osgoode Hall Law Journal

The vision animating the Canada Disability Benefit exemplifies “arrogance for cruelty” in public policymaking. What could be the start of doing so much is just the end of doing so little—something is done, so nothing more will need to be done. Dangling hopes and then crushing them is cruel. What perpetuates such policymaking cruelty is a manifest complacency, asserting that what is usually done is what should be done, and so it is the best that can be done. Deifying such inertia, which fortifies inadequacies despite what the disability community has to say, is arrogant. Using the limited amount of …

The New Québec Basic Income Program: A Useful Set Of Policy Directions For The Canadian Disability Benefit, Samuel Ragot

Osgoode Hall Law Journal

The Québec government started implementing a new Basic Income Program (BIP) on 1 January 2023. As a last-resort financial assistance program, the BIP intends to support people who have “severely limited capacity for employment” and have been participating in the province’s Social Solidarity Program for at least five and a half years. The BIP has been touted as a program that will lift more than eighty-four thousand individuals out of poverty, providing them with a partially individualized benefit and allowing them to work with limited clawbacks, study, and live fuller lives of quality.2 While some disability advocacy organizations are critical …

Processing Of Personal Data - A Comparative Analytical Study, Shamsa Matar Alneyadi

Thesis/ Dissertation Defenses

This study aimed to define the conceptual framework for the processing of personal data, identify the legality of its processing procedures, and detail the legal conditions necessary for this processing in accordance with federal law and comparative legislation. The study also dealt with the rights of the owner of personal data, the obligations of those who processed it, in addition to clarifying the role and responsibilities of data protection centers, such as the Emirates Data Office. To achieve these objectives, the comparative analytical approach was used, where the texts contained in Federal Legislation No. (45) of 2021 on the protection …

Predatory Decarceration, Elenore Wade

Duke Law Journal Online

This Essay critiques the bipartisan criminal legal system reforms that have emerged over the past several years. These reforms result in predatory decarceration that exacerbates the precarious conditions of returning prisoners and supervisees—as well their communities—and distributes the benefits of reform upward. Taking an abolitionist perspective and drawing an analogy to Keeanga-Yamahtta Taylor’s concept of predatory inclusion, this Essay contends that these reforms offer freedom from incarceration only in exchange for productivity and compliance with non-incarceration penal controls such as community supervision sentences, which almost universally include work requirements. Thus, the reforms, while reducing incarceration rates, ultimately reinforce an ultraliberal …

Trishna Paulson, Petitioner/ Appellant V. Christopher Paulson, Respondent/ Appellee : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fourth Judicial District Court, Honorable Christine Johnson, District Court No. 184400701

Rodney Parker, Attorney for Appellant Christopher Paulson

Julie J. Nelson, Aaron Harris, Attorneys for Appellee Trishna Paulson

Russia’S Undermining Of International Arbitration: A Pattern Of Subversion, Joseph E. Samuels

Cardozo Journal of Conflict Resolution (CJCR) Blog

Over the last few years, Russia has engaged in undermining the international arbitration system. This pattern culminated in a landmark ruling by the Supreme Court of the Russian Federation on July 26, 2024, effectively restricting the enforcement of international arbitration awards against Russian parties when rendered by arbitrators from “unfriendly” states. The path to this decision began with Russia’s 2020 amendments to its Arbitrazh (Commercial) Procedure Code. The addition of Article 248 allows the courts to assume jurisdiction over disputes covered by an arbitration agreement,[3] where the agreement becomes unenforceable due to “obstacles in access to justice”.

The print edition …

Conference Sport And European Union, Akademia Leona Koźmińskiego, 11 December 2013, Piotr Semeniuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Sport and European Union, Akademia Leona Koźmińskiego, 11 December 2013

Jakub Kociubiński, Usługi Świadczone W Ogólnym Interesie Gospodarczym W Prawie Unii Europejskiej. Wyzwania Dla Europejskiego Modelu Gospodarczego [Services Of General Economic Interest In Eu Law. Challenges For European Economic Model], Tnoik „Dom Organizatora”, Toruń 2013, Ilona Szwedziak-Bork

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Review of the book by Jakub Kociubiński

Marian Kępiński (Ed.), System Prawa Prywatnego. Tom 15. Prawo Konkurencji [Private Law System. Volume 15. Competition Law], C.H. Beck/Instytut Nauk Prawnych Pan, Warszawa 2014, Agata Jurkowska-Gomułka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Review of the book by Marian Kępiński

Aleksander Maziarz, Porozumienia Wertykalne W Prawie Konkurencji Unii Europejskiej [Vertical Agreements In Eu Competition Law], Wydawnictwo Kul, Lublin 2013, Łukasz Grzejdziak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Review of a book by Aleksander Maziarz

Table Of Judgments And Orders Of Administrative Courts In Proceedings Against The Uokik President In 2013

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Supplementary table

Index Of Issues Raised In Judgments Of The Supreme Court And The Court Of Appeals In Competition Cases In 2013, Agata Jurkowska-Gomułka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Index of issues

Tabela Wyroków Sądu Apelacyjnego W Warszawie W Sprawach Konkurencji W 2013 R.

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Supplementary table

Table Of Judgments And Orders Of The Supreme Court In Competition Cases In 2013

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Supplemetary table

Hyperlocal Gift Economies Under The Duberstein Gift Standard, Nicolás R. Munsen

Notre Dame Law Review Reflection

Hyperlocal gift economies, such as those moderated by the “Buy Nothing Project,” have become increasingly popular in the United States and abroad within the last decade. Explicitly banning the buying, selling, trading, or bartering of goods and services, hyperlocal gift economies instead encourage local community members to give to each other out of their own abundance and without any expectation of return or obligation—in short, to give and receive gifts. But while members of these groups regard these transactions as gifts, it is unclear if the Internal Revenue Service would agree. The Internal Revenue Code’s definition of “gift” in I.R.C. …

The Cftc, Mqd, And Climate Change, Todd Phillips, Will Dobbs-Allsopp

Notre Dame Law Review Reflection

In June 2022, the Commodity Futures Trading Commission (CFTC) issued a request for information (RFI) “to better inform its understanding and oversight of climate-related financial risk as pertinent to the derivatives markets and underlying commodities markets.” The financial regulatory agency is one of several working to address climate-related risks present within the financial system. Given its unique role in regulating derivatives and overseeing commodity markets, the CFTC is working to ensure that the private sector may effectively use those products to address its own climate-related risks. Because such risks threaten the nation’s financial stability and private-sector operations, it is imperative …

Scrutiny Of Employee Covenants Not To Compete Under The Rule Of Reason: An Empirical Inquiry, Daniel A. Crane

Notre Dame Law Review Reflection

For over 300 years, the common law has scrutinized employee covenants not to compete for their reasonableness. That is about to change. On April 23, 2024, the Federal Trade Commission announced a rule that will prohibit employers from imposing noncompete agreements on workers. The rule declares all covenants not to compete in the employment context to be unfair methods of competition under section 5 of the FTC Act. If the rule takes effect, thirty million contracts will become illegal. The FTC justifies this rule based on the ostensibly pernicious effects of employee covenants not to compete—limiting employee opportunities to pursue …

Owning Health Equity Entrepreneurship, Capital, And Community-Owned Health, Thomas Wilson Williams

Seton Hall Law Review

No abstract provided.

Bad To The [Jaw]Bone: How Courts Should Approach First Amendment Jawboning Challenges, Christopher Frey

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 55, No. 1 2024

Seton Hall Law Review

No abstract provided.

Minimalist Textualism, Felipe Jiménez

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 55, No. 1 2024

Seton Hall Law Review

No abstract provided.

Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …

The Broken Token Problem: Why Crypto Classification Remains Elusive, Lev E. Breydo

Seton Hall Law Review

No abstract provided.