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Osgoode Hall Law Journal
Scopus
ISSN 2817-5069 · Osgoode Hall Law School · 2.128 artikel di indeks
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Sandbox Fictions
Regulatory sandboxes are designed to give firms space to offer novel products and services to consumers on a trial basis, under an interim, tailor-made regulatory regime. Ideally, this leaves regulators better placed to understand how rules ought to be modified to accommodate new, socially…
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The Case for Fixing the Unprincipled Residence Tax Exemption
When Canada overhauled its income tax to include capital gains in 1972, lawmakers suddenly had to decide how to deal with personal home sales. After heated debate, they opted to exclude the gains on an individual’s principal residence on the grounds that the core purpose of a home is to provide…
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Paediatricians' Liability to Patients' Parents for Negligent Genetic Testing
The Ontario Superior Court of Justice has recently held that a paediatrician might owe a duty of care to a patient’s parents when performing genetic testing on the patient and communicating test results to the parents. The parents may be able to claim damages against the paediatrician for breach of…
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Married by Default
This Article examines and critiques the global binary debate surrounding opt-in versus opt-out legal regimes for regulating unmarried cohabitants’ financial obligations upon separation. Using Canadian jurisdictions as a case study, it challenges the prevailing academic consensus that endorses…
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Allocative Justice as a Constraint on Fiscal Imperialism in International Tax
Taxpayers’ cross-border activities often result in two (or more) states claiming the right to tax their income. To address concerns about how those tax liabilities might aggregate and suppress international activities, states typically agree to split the tax base between them. But how can states…
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Recognizing the Charter Value of Employee Freedom of Association at Common Law
This article systematically explores, for the first time in the published literature, how the development of the common law of employment could advance in light of the Charter values doctrine, focusing on freedom of association. It contends that courts must scrutinize the common law’s impairments…
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Studying Religious Symbols and Bias in Court Proceedings
MOCK JURY STUDIES INVESTIGATING the impact of religious symbols on jurors have produced conflicting findings, raising questions about how religious bias should be studied in judicial settings. Our study adds to the literature in three ways. First, we develop a clear theoretical framework which…
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Sentencing Vulnerability: Conceptualizing the Incorporation of Personal Characteristics and Experiences at Sentencing
Social inequalities that lead to criminal conduct are often not considered in sentencing; individuals subject to structural inequities receive the same formal sentence as those convicted of like crimes irrespective of the latter’s social advantage. Individual characteristics may also affect how a…
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Reply to Review of Assisted Suicide in Canada
I AM VERY GRATEFUL to the editors of the Osgoode Hall Law Journal for their invitation to submit a response to the journal’s review of my book, Assisted Suicide in Canada: Moral, Legal, and Policy Considerations. That review appeared in its spring 2023 issue.
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Artikel Jurnal
“The Biggest Problem With You…”: Racial Profiling and Canada’s Program of Extra-Territorial Migrant Interdiction
In 2019, two Roma-Hungarian travellers were prevented from boarding their flight to Canada. Even though their documents were in order and their travel was legitimate, they were singled out for examination and extra scrutiny. This article—relying on new evidence produced in a series of legal…
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A Culture of Justification: Vavilov and the Future of Administrative Law by Paul Daly
ON DECEMBER 19TH, 2019, the Supreme Court of Canada (SCC) handed down one of the most influential cases of the decade in Canada (Minister of Citizenship and Immigration) v Vavilov. From an FBI raid to uncovering secret Russian spies, it is not often that Canadian administrative law deals with such…
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The Enduring Significance of Nuanced Ideological Voting in the Supreme Court of Canada
THE CHARTER REVOLUTION IN CANADA has ushered in a new era of politics on the Supreme Court of Canada that places the Court at the centre of controversial policy questions that are fundamental to a democratic society. Through its early Charter rulings, the Court advanced a host of rights and…
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Shari’a, InshAllah: Finding God in Somali Legal Politics by Mark Fathi Massoud
Shari’a, InshAllah: Finding God in Somali Legal Politics (“Shari’a InshAllah”), written by Mark Fathi Massoud, professor of politics and legal studies at the University of California, Santa Cruz, is a compelling and fascinating work chronicling the relationship between law, religion, and politics…
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Does Lady Justice Need a Sword? Indictment: The Criminal Justice System on Trial by Benjamin Perrin
LADY JUSTICE CAN OFTEN BE FOUND, in statue form, in or near courthouses. This symbol of the Western justice system is blindfolded to show neutrality. She carries a scale to weigh facts and arguments fairly. Sometimes, she also holds an olive leaf to symbolize mercy and healing. A sword is the other…
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A History of Law in Canada, Volume Two: Law for the New Dominion 1867–1914 by Jim Phillips, Philip Girard, and R. Blake Brown
DID YOU HEAR THE ONE about the Supreme Court of Canada justice owing the Prime Minister five thousand dollars? No, this is not the set-up of a cheesy law school joke nervously told at a pub night mixer. Rather, it was a shockingly true occurrence in the Laurier era that goes to show how drastically…
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Finessing a Medical Expert’s Qualifications: From Professional Communities’ Boundaries to Personal Character
This article examines the kinds of arguments that can be made in debates regarding whether or not an expert is properly qualified to critique the work or opinions of another expert. Since these debates routinely occur in both legal and political arenas, a more fine-tuned sense of their…
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Reckoning with Queer History: The Canadian “LGBT Purge” Case and the Limits of Forgiveness
The Canadian government has a long history of regulation, exploitation, and violence against lesbian, gay, bisexual, trans, queer, and two-spirit (LGBTQ2S+) people. One of the most painful chapters in this history is the “LGBT Purge,” a term that refers to the expulsion of LGBTQ2S+ service members…
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Artikel Jurnal
Crim-eviction: Eviction and Social Control at a Residential Tenancies Tribunal
Because eviction from rental housing can lead to highly negative outcomes, including homelessness, trauma, neighbourhood instability, and deepening inequities, it is important to understand the reasoning processes employed by tribunals when they wield the power of eviction. This article conducts a…
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