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A Rose by Any Other Name: Work Law as the Law of Power
No full textThis chapter reviews the troubled histories of labour and employment law, reviews the forces that have destabilized them, and identifies the most promising—albeit non-legal—strategies for developing the new field of ‘work law’. The old regimes of labour and employment law are faltering under pressure of neoliberalism, new technologies, new legal strategies, globalization, and other hostile developments. A new regime of ‘work law’ is struggling to be born. But work law, too, is likely to falter unless it is achieved and supported by a new constellation of social forces powerful enough to secure justice not just for ‘workers’, but for a broad array of subaltern communities
Towards the Sustainable Management of Chemicals and Waste: Weaving Indigenous Knowledge with Green and Sustainable Chemistry
No full textThe Ma̅ori concept of whakapapa is introduced as an opportunity to understand where and how chemical feedstocks are sourced, within a broader context of weaving Indigenous knowledge with green and sustainable chemistry
Copyright and Gender: Feminist Philosophies and the Politics of Proof
No full textThis chapter considers copyright and gender through a critical feminist frame. Section 1 surveys some feminist philosophical insights into copyright law’s subject matter (original, fixed expression) and its protagonist (the independent rights-bearing author). It explains that core elements of the copyright system thereby encode a masculinist understanding of both creativity and selfhood. Section 2 turns to the matter of proof, pointing to a growing body of evidence that seeks to demonstrate the gendered nature and implications of copyright law. While acknowledging its political and persuasive potential, this chapter problematises the empirical turn in copyright and gender research and policymaking. It cautions that a focus on measuring inequality and quantifying gender disparities could undermine the more fundamental and transformational project of unsettling the copyright status quo. Ultimately, it concludes that the feminist copyright agenda should remain centred around the radical critique of a system that produces inequality and exclusion by design
Fridman\u27s The Law of Contract in Canada, Seventh Ed.
No full textThis is the first edition written without the contributions from the esteemed Gerald H.L. Fridman. In his memory, the book is now entitled Fridman’s The Law of Contract in Canada. The law of contract has seen many changes in the 13 years since the previous edition was published and in updating the text the new authors have sought to live up to Gerald’s goal of providing “an intelligible account of the present-day norms of the law of contract as they are applied in Canada” (Preface to the Third Edition). This edition has been thoroughly updated to state the law as of January 1, 2024. - publisher\u27s descriptionhttps://digitalcommons.osgoode.yorku.ca/faculty_books/1430/thumbnail.jp
Resolving the Paradox of Payroll-Tax-Based Social Insurance for Disability: Lessons from the Canada Disability Benefit Act
Get PDFThis 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 to people whose conditions, under current levels of accommodation, keep them at the fringes of employment. This article defends social insurance while acknowledging the inequalities it produces. It considers disability income policy reforms, including the Canada Disability Benefit, and suggests improvements in social insurance inspired by the Canada Disability Benefit
Exploring the Intersectional and Spatial Implications of the Police Power to Search Dwellings Incident to Lawful Arrest: A Comment on R. v. Stairs
Get PDFThis paper examines whether the Supreme Court of Canada’s decision in R. v. Stairs to alter the baseline police power to conduct searches incident to lawful arrest adequately addresses issues of intersectionality and spatiality. The paper’s principal focus is on race and class, which is analyzed through the lens of critical theories around race and space/spatialization, drawing on Black geographies and Critical Race Theory (“CRT”). It will also consider critical legal theories that urge us to conduct a distributional analysis of the differential impacts of legal standards. Importantly, the paper considers how courts do and should conceptualize privacy and domesticity for Black individuals and families. Specifically, it analyzes whether the Majority’s emphasis on police and public safety in conducting warrantless home searches will disproportionately affect Black households and their residents, particularly those located in so-called less desirable or high-risk neighbourhoods. Indeed, like their bodies, Black spaces (e.g., houses, communities) are read as more risk-prone and are approached cautiously and, at times, with pre-emptive violence. Some scholars have contended that the use of pre-emptive state violence is based on racial logic. An instance of this occurs when narratives that associate Black individuals and the spaces they occupy as dangerous influence the way police offıcers perceive public and offıcer safety. Indeed, exaggerated risk perceptions have led to excessive and deadly use of force, dehumanizing and dignity-affronting policing practices
Artificial Intelligence and the Law: New Challenges and Possibilities for Fundamental Human Rights and Security - Panel 2
No full textSean Rehaag Rights-Enhancing Tech: Using AI to Open the Black Box of Human Refugee Adjudication
Jake Okechukwu Effoduh How Artificial Intelligence is Bastardizing Paradigms of Human Rights in the Third World
James Sheptycki AI and the police intelligence division-of-labour; a Canadian perspective
Alexandra Scott Autonomous weapons systems and International Humanitarian Law
Anthony Sangiuliano Approaches to Prohibiting Algorithmic Discrimination under the Canadian Human Rights Act
Aneurin Thomas, Regulating Police Facial Recognition Technology: Issues and Options
Artificial Intelligence (AI) is dramatically reshaping how people live, work, and interact, as well as the functioning of societies and legal systems’ adaptations to these changes. Machine learning technologies’ integration into various decision-making processes carries profound implications for sentencing, taxation, workplace dynamics, surveillance and policing, privacy, and financial markets. The rising automation of human activities prompts significant legal inquiries spanning constitutional, contractual, and tort issues. Large Language Models (LLMs) such as Chat GPT are AI technologies with a range of legal, ethical, and societal implications. These models, trained on massive volumes of text data, can generate text resembling human language, enabling tasks like answering questions, writing essays, even crafting poetry. They implicate freedom of expression, the right to information, and the democratic process at large. They have the potential to generate misleading, harmful, or hateful content, regardless of their programmers’ and owners’ intentions. They could become tools for propaganda or disinformation campaigns. They raise intellectual property questions, particularly when their output is based on pre-existing intellectual or artistic works and could lead to mass job automation
Access to Justice and the Legal Profession: Three Questions
Get PDFThere is an increasing recognition – from all sectors of the legal system, including the former Chief Justice of Canada – that justice is in crisis. Even though we have some of the best judges, lawyers, and law schools in the world, delays in the civil, criminal, and family justice systems are massive and increasing. Costs of legal help are going up. An increasing number of people are trying to represent themselves. Legal aid is available only for the least well-off and only for a limited range of services. Many communities feel alienated and do not see themselves represented by the justice system. Public trust and confidence in the legal system is being challenged. According to the president of The Advocates’ Society, “we’re approaching a breaking point.” Something must change
The Legal Realists on Law and Literature
No full textThis encyclopedia entry considers the legal realists’ neglected contribution to law and literature. Starting with Cardozo’s essay ‘law and literature’ on the importance of judicial style, it then considers the contributions of the legal realists to the topic, focusing especially on Karl Llewellyn and Jerome Frank. Cardozo and Frank—both judges who were interested in making sure they effectively conveyed their ideas—focused on the style a judge should adopt. By contrast, Llewellyn’s more sociological perspective was concerned with how different periods (as well as different jurisdictions) were dominated by different judicial styles. However, in both cases the question of judicial style also had a political aspect. For Frank, judicial style was important for clearly communicating with the average person subject to law; for Llewellyn, judicial style mattered, because there was a connection between the form of a decision and its substantive quality
