20092 research outputs found
Sort by
Global Corporations and Sustainability: Rethinking Legal and Economic Frameworks
No full textThis timely book examines how international legal regimes interact to govern corporate sustainability and how this interaction may enable harmful corporate conduct. With a focus on human rights abuse and the impacts of climate change, contributors from diverse legal backgrounds critically analyse the role of the law in shaping corporate behaviour.https://digitalcommons.osgoode.yorku.ca/faculty_books/1449/thumbnail.jp
The Chilling Effects of Dobbs
No full textThe Supreme Court’s evisceration of the federal constitutional right to abortion has raised the specter of criminal and civil liability for abortion providers and patients. Police and prosecutors have easy access to commercial reservoirs of intimate data. As individual accounts made clear in the wake of the Dobbs v. Jackson Women’s Health Organization decision, corporate surveillance of intimate life chilled expressive activities, such as searching for information about reproductive health and using period tracking apps. Health professionals did not feel safe to speak out about the impact of new abortion laws. Harassment and threats directed at abortion clinics and at people seeking abortion services ensured their silence. Evidence of chilling effects was anecdotal, yet empirically unproven. That is no longer the case.
This Article describes the results of the first empirical study of post-Dobbs chilling effects. Our study explores how view counts for Wikipedia articles on period tracking apps and Google search terms related to period tracking apps decreased after the widespread media coverage of the new legal, privacy, and personal risks that the Dobbs decision created for period tracking app users. This Article sets forth our study design, explores the results, and discusses the implications for lawmakers, courts, and advocates. Lawmakers can rely on our study to show that people are being deterred from accessing crucial information that could help them better understand their reproductive health. Privacy law enforcers can leverage our findings to show proof of harm for privacy violations and to show standing. This study goes a long way to providing the proof needed to justify strong intimate privacy protections
‘Preventing Births’ as a Gender-Neutral Harm: Making Sense of Reproductive Violence in South Africa’s Genocide Case Against Israel
No full textAbstract In its genocide case against Israel at the International Court of Justice, South Africa alleges that, in the period since October 7, 2023, Israel has imposed measures intended to prevent births within the Palestinian group in Gaza. To the extent that South Africa’s case for ‘preventing births’ relies on the traditional framing of reproductive justice, wherein violations are conceptualized in terms of restrictions on reproductive (read: women’s) health and capacity, it risks advancing the human rights of ‘women and children’ at the expense of a more progressive development of the law of genocide. This article uses the ongoing genocidal violence in Gaza to argue that ‘preventing births’ should be decoupled from an attachment to conflict-related sexual and gender-based violence which, despite some limited advances to include men and boys within its purview, remains overwhelmingly dedicated to advancing the rights of women and girls in war. This article critically engages South Africa’s case with a view to (re)constructing its approach to ‘preventing births’ as a genocidal act. In short, it argues that Gaza offers us an opportunity to interpret and apply the law on ‘preventing births’ in a way that adequately accounts for reproductive violence committed against all genders
A History of Law in Canada, Volume Two: Law for the New Dominion 1867–1914 by Jim Phillips, Philip Girard, and R. Blake Brown
No full textDID 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 different (and a tad more corrupt) our legal system was over one hundred years ago. While not all the historical points of interest are juicy revelations concerning public officials, A History of Law in Canada, Volume Two: Law for the New Dominion 1867–1914 wraps an explosive period of Canada’s past into a book that should pique the interest of readers beyond those already invested in this nation’s legalities of yore
Legal Research Methods for the English-Speaking Caribbean
No full textLegal Research Methods for the English-Speaking Caribbean identifies the sources of legal information for the English-speaking Caribbean and provides unique coverage of the independent states and overseas territories in this jurisdiction with a shared history of British colonialism.
It is often challenging to know where and how to find the legal information of smaller jurisdictions like the Caribbean nations, especially in instances where this information is still predominantly available only in print. This publication will help researchers overcome this challenge and barrier. It describes and provides the sources for locating legal information, such as case law, statutes, court rules, and secondary sources. Also included are the bibliographic information about the print and electronic resources available for these countries.
Legal Research Methods for the English-Speaking Caribbean also provides in-depth coverage of the Caribbean legal landscape, including courts, legal education, local government laws, and the regional and international agreements that these Caribbean states are parties to. The Caribbean region is undergoing rapid social, political, and economic changes, often faster than the required legislative changes. The selected emerging areas of law covering aviation/drones, cannabis, climate change, cryptocurrency, and space law/space tourism are therefore extremely relevant
Panel 3 - Sovereignty in the Age of Digitalization
No full textChair: Ken Klassen (University of Waterloo)
Yariv Brauner (University of Florida), When Things Break Down: Taxing the Digital Economy in an Even Less Cooperative World
Ivan Ozai (Queen’s University), Taxing Decentralized Governance
David Duff (University of British Columbia), Globalization, Digitalization, and Individual Taxation
Commentators: Lori McMillan (Washburn University); Shay Menuchin (KPMG
AI As a Service: What Lawyers and Business Clients Need to Know
No full textAI is seemingly everywhere. Hardly a day goes by in which there is not another media report on new areas in which the technology is being deployed and its potential consequences. While the advances of AI entail many opportunities for business and society, they also create challenges and risks. Although there is already awareness around problems such as AI bias, privacy, and human rights impacts, there are significant issues arising in the specific business-to-business context that have remained largely hidden and tend to receive much less attention. This article will, first, look at business-to-business more generally and show how AI erodes business users’ authority and control, while creating new dependencies. It will then examine consequences for legal professionals and their business clients more specifically. The article concludes with some thoughts on action points for these users of AI as well as thoughts on potential regulatory steps to mitigate the challenges that are bound to arise in the coming years
Bandung and the Future of Africa’s Pasts
No full textThe idea of decolonization that animated the spirit of the 1955 Bandung Conference continues to power imaginations of an alternative to the world Bandung inhabited. In this essay, we look upon Africa from Bandung, and simultaneously from Africa to Bandung, to recover an “otherwise”—a seeing of the future from Africa’s pasts. In the future envisioned in Bandung and beyond, flag independence was regarded as the first stop in the project of decolonization.1 The conference was to provide both “guidance to mankind … [on] the way which it must take to attain safety and peace” and “evidence that Asia and Africa have been reborn, nay, that a New Asia and a New Africa have been born!”2 As critical accounts have noted, the alternative “otherwise” Bandung offered was far from singular; it was multivocal and divergent, and this diversity is integral to the multiple readings and memories of Bandung.3 This multivocality made Bandung a successful performance of different visions of the world, including those of capitalism, communism, and socialism. Yet, Bandung was far from an ecumenical platform that offered little more than a cacophony of diverse voices and visions. The remedies may have been varied but the diagnoses of the malaise were unanimous—cultural imperialism and the racialism (i.e., racial and religious subordination) that instantiated and sustained it. Bandung was an opportunity to reimagine a world beyond imperial hierarchies. In what follows, we scrutinize Bandung’s legacy through the lens of Africa’s pasts. We note that for all the decolonial ethos that powered Bandung, its insistence on colonial legal forms inadvertently sustained rather than overturned imperial forms of subordination. We then offer an alternative mode of reimagining the world by drawing on recent recoveries of international legal histories of Africa prior to European colonization
