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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.
This book is an invaluable resource to law students and faculty, legislators, and researchers of foreign, comparative, and international law.https://digitalcommons.osgoode.yorku.ca/faculty_books/1406/thumbnail.jp
Labour, Labour Law and Capitalist Rent-Seeking: Rentier Capitalism and Labour in Historical Perspective
Get PDFThe rise of rentier capitalism in advanced capitalist countries has detrimentally affected large numbers of worker and impaired the efficacy of protective labour and employment laws. However, capitalist rent-seeking is not unique to rentier capitalism, but rather has taken a variety of forms over time. This chapter begins by exploring the evolving meaning of rent and changing practices of capitalist rent-seeking. It then considers the ways in which workers responded to those practices in both rent-rich and rent-poor sectors of the economy, including through the enactment of labour and employment laws appropriate to, but only partially successful in addressing labour exploitation in each sector. The chapter then considers the impact of rentier capitalism on work in productivist firms and the efficacy of existing protective labour and employment laws. It concludes by considering possible reforms to protective laws for rentier capitalism while recognizing their limits in worlds built on structures generative of labour exploitation
Constitutional Cases 2024 (Pt 6) | Courts, Politics and Public Trust
No full textIn recent years, potent forces have emerged which are reshaping democratic institutions, constitutionalism and public trust in our courts. Our speakers present different engagements with these questions, including quantitative empirical data, case studies and reflections from comparative perspectives.
Panelists:
Erin Crandall (Department of Politics, Acadia University) and Andrea Lawlor (Political Science, McMaster University)
Kyle Kirkup (Faculty of Law, University of Ottawa)
Rosalind Dixon (School of Global & Public Law, University of New South Wales)
Chair: Bruce Ryder (Osgoode Hall Law School)
The 27th iteration of the Constitutional Cases conference was held on Friday, April 12, 2024. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year
Legislated Rights as Trumps: Why the Notwithstanding Clause Overrides Judicial Review
Get PDFThis article argues that the Charter’s notwithstanding clause makes exception to judicial review. In the counter-factual world where laws “shall operate” as they “would have but for” Charter provisions, courts may not question the consistency of laws with selected Charter rights. Courts must legally treat such laws as though selected Charter provisions do not exist to be applied to them; but of course, they continue to exist. Because the provisions do exist, judgements about their consistency with statutes invoking section 33 are left to the political process. This reading is grounded in the subjunctive mood (conditionnel passé) of the text. It aligns with Alan Blakeney’s and Peter Lougheed’s historical purpose for the clause in 1982: to allow legislated rights as trumps against judicial review. This is justifiable as a matter of political morality because it offers a standard for holding legislators accountable for using the clause to protect rather than trump rights
Overcoming the Pragmatic Approach of the United Nations Guiding Principles on Business and Human Rights in Relation to the Fossil Fuel Industry
Get PDFBusiness has been good for Big Oil. Last year, the five largest Western oil companies raked in over USD$200 billion in profits. Last year, the global carbon emissions from the fossil fuel industry also peaked. Companies produced over 36 billion tons of carbon dioxide emissions during the year and global warming hit a new sustained high. Increasing temperatures also caused socio-economic impacts such as deaths, displacement of people, loss of employment and adverse impacts on food security.
While numerous studies have drawn links between the corporate activities of the fossil fuel industry and the devastating environmental and human rights impacts of climate change, efforts to curb these business practices have been few. One noticeable exception is the United Nations Guiding Principles on Business and Human Rights (UNGPs), which captures both human rights generally as well as the human rights impacts of climate change.
The expected conduct of business under the UNGPs, however, are built on a premise of principled pragmatism. That is, under the UNGPs, corporations are not legally obliged to respect human rights. Rather, they have a responsibility to respect them. Moreover, the source of this corporate responsibility does not arise from binding legal obligations, but from soft law and/or society’s expectations. The foundation for corporate responsibilities under the UNGPs are, therefore, somewhat tenuous.
A further difficulty is that because the UNGP drafting was guided by pragmatism, they leave many of the foundational economic causes which give rise to corporate harms to human rights untouched. This soft-touch approach may have been necessary to overcome the failure of earlier attempts at regulation. However, more than 10 years after the UNGPs were drafted, it is time to revisit the UNGPs to explore how their limitations can be overcome.
This chapter aims to do just that by focusing on the business model of fossil fuel companies and examining whether the UNGPs are able to address the risks to human rights and climate change that these businesses are causing. It explores the business model of the fossil fuel industry and examines the impacts of this industry on climate change and human rights. It further assesses whether the UNGPs adequately addresses the business model of the fossil fuel industry and if not, where gaps remain. Ultimately, the chapter proposes ways in which the fossil fuel industry’s business model can be better tied to human rights outcomes, focusing on, and beyond, the UNGPs
Osgoode leads Canadian law schools with unique micro-courses
No full textOsgoode leading Canadian legal education with launch of micro-courses
Osgoode Hall Law School launches professional skills micro-courses to prepare JD students for their future careers
TORONTO, Sept. 25, 2024 – In a first for legal education in Canada, Osgoode Hall Law School of York University has launched a unique collection of one- and two-credit courses for students in the Juris Doctor (JD) program who want to gain more in-depth knowledge and skills in specific areas of legal practice.
Designed to complement the foundational knowledge provided by the core JD curriculum, professional skills micro-courses give students a head start on mastering the practical aspects and inevitable challenges — from managing finances to building relationships with clients — that are part of any legal career.
“As our JD students combine rigorous legal training with hands-on experience to prepare for their careers, it’s important that they also learn to navigate the day-to-day realities of practising law,” says Osgoode Dean Trevor Farrow. “In creating this innovative collection of micro-courses focused on specific professional skills, we’re reinforcing Osgoode’s long-time leadership in cutting-edge legal education.”
Exploring a diverse range of career-focused topics
Osgoode has announced its inaugural offering of professional skills micro-courses for the JD program’s 2024-25 academic year: AI and Technology in Legal Practice: An in-depth look at how artificial intelligence and other technological innovations are transforming the practice of law. Students will gain hands-on experience with applications from digital management tools to software enabling AI-assisted research, analysis, and decision-making support. Legal Practice Dynamics: Teaches the skills and strategies required to become a successful legal practitioner in any environment, whether at a firm, as part of a corporate team, or in the public sector. Mental Health, Wellness and the Legal Profession: Provides the analytical insights and practical tools needed to navigate mental health challenges in legal practice — and to intervene, when appropriate, in a spirit of empathy and trust. Financial Literacy for Lawyers: Designed to help future lawyers gain a basic understanding of financial reporting and accounts, along with the ways such information can be leveraged in legal practice.
More micro-courses coming soon
Additional subjects in development include: juridical French, Indigenous languages, and client relations and communications. The common thread is providing knowledge and skills that JD graduates can apply immediately as they embark on their careers.
“At Osgoode, we don’t draw a hard line between law school and the so-called ‘real world,’” says Farrow. “Our JD program offers unrivaled opportunities to gain direct legal experience. And now these unique micro-courses enable students to start developing professional skills today that they’ll use throughout their careers.”
To learn more about professional skills micro-courses, visit Osgoode\u27s website .
About Osgoode Hall Law School
Around 900 students are enrolled in Osgoode’s three-year Juris Doctor (JD) program, including its joint and combined programs. The school’s highly selective graduate LLM and PhD programs are among the most highly regarded in North America, and finest in the country. Osgoode’s professional development courses and certificates offer degree and non-degree programming for Canadian and international lawyers, non-law professionals, firms and organizations.
Founded in 1889, Osgoode is one of Canada’s largest and most respected law schools and a centre of influential legal research and thinking. The school’s students, teachers and scholars share a common goal: to advance positive change in a world where rights are often contested, and justice can be complex. Throughout Osgoode’s long history, the practice of law has always been seen as more than a means to an end. It’s a journey that takes one from identifying the issues that matter to creating meaningful impact.
York University is a modern, multi-campus, urban university located in Toronto, Ontario. Backed by a diverse group of students, faculty, staff, alumni and partners, we bring a uniquely global perspective to help solve societal challenges, drive positive change, and prepare our students for success. York\u27s fully bilingual Glendon Campus is home to Southern Ontario\u27s Centre of Excellence for French Language and Bilingual Postsecondary Education. York’s campuses in Costa Rica and India offer students exceptional transnational learning opportunities and innovative programs. Together, we can make things right for our communities, our planet, and our future.
Media Contact:
Nichole Jankowski, York University Media Relations and External Communications, York University, 647-995-5013, [email protected]
Anita Herrmann, Director, External Relations, Osgoode Hall Law School of York University, 416-736-5364, [email protected]
The Constitution and Charter in 2022: The Court, the Chief Justice, and Justice Brown
Get PDFOsgoode Hall’s 26th Annual Constitutional Cases Conference – the 2022 Year in Review – was held on April 14, 2023. This paper is drawn from the Opening Address, which provides an overview of the Supreme Court’s jurisprudence and is a longstanding feature of the conference. As it explains, the Court’s thirteen decisions in 2022 focused almost exclusively on the Charter’s legal rights and remedies, though R. v. Sharma considered and dismissed a claim under s.15, and the Court rendered one decision on public interest standing. The paper provides a quantitative and qualitative analysis of the 2022 jurisprudence, adding commentary on two points of particular interest. The first concerns the Court’s invalidation of significant Criminal Code provisions on consecutive life sentences for murder, statutory limits on the defence of intoxication, and lifetime registration on the federal sex offenders’ registry. Second are the dynamics of decision making in 2022 and the rise of unanimity on the Wagner Court, including in key decisions invalidating Criminal Code provisions. Finally, the overview notes that, due to unexpected developments early in 2023, 2022 would be Justice Russell Brown’s final year on the Supreme Court, and comments briefly on the justice’s 2022 contributions and the significance of his departure from the Court. This overview will be published in the conference edition of the Supreme Court Law Review, late in 2022 or early in 2023
Indigenous Justice Initiatives: A Summary Current to 2024
No full textThis resource is intended to provide a guide to Indigenous justice initiatives across what is now known as Canada, based on publicly available information. The guide includes information on independent Indigenous courts that operate under the authority of an Indigenous people and separately from the Canadian legal system, Indigenous Persons Courts that operate within the Canadian legal system yet apply or uphold Indigenous laws, and restorative justice initiatives available to Indigenous peoples. This resource also includes academic literature on Indigenous laws, Indigenous justice models and practices, evaluations of existing Indigenous justice initiatives, and international comparative works. The focus is on initiatives that respond to harms (what is addressed by criminal law in the Canadian context) and that apply, uphold, or instantiate Indigenous law
Reading Law\u27s Great Unread: Qualitative Computational Methods, Artificial Intelligence and the New Empirical Legal Research
No full textHow will new computational technologies change legal research and our visions of what law is? Inspired by the work of digital humanists, Bourdieu, and sociologists of literature, this dissertation explores how the methods of “distant reading” can be used to develop new classes of critical insights about law. After situating the project theoretically, this dissertation reports on a series of new computational studies about Canadian law. Chapter 1 measures Canadian statutory and regulatory law, showing that law has grown unevenly over the past decade and a half. Chapter 2 uses new artificial intelligence to transcribe and analyze Supreme Court of Canada hearings, revealing gendered and linguistic speaking patterns among justices. Chapter 3 shows how computational methods can be deployed to detect inconsistency and discord in a jurisprudence, in this case Canada’s law of terrorism. Chapter 4 uses machine learning to study refugee law jurisprudence, particularly showing how it has developed over the past decade. Chapter 5 leverages new computational techniques to analyze Social Security Tribunal of Canada decisions regarding employment insurance appeals and suggests that new computational analyses might usefully change legal education. It concludes by considering how some visions of computational legal analysis—despite the sweep and scope of their projects—are part of old and traditional visions of what law is
Online Work
No full textThis chapter investigates the challenges and implications of online work, focusing specifically on online platform work and remote work within an employment relationship. The primary features of online platform work and the challenges they pose for labour and employment regulation are outlined, with an observation that research and legislation have primarily concentrated on offline platform work. The limitations of current regulations and legislative proposals are explored, and how they risk exacerbating the challenges affecting online platform work beyond its boundaries is discussed. The chapter concludes with some ideas for the way forward, emphasizing the need for a paradigm shift in legal thinking and policymaking towards future-proof labour protection regimes, which are more inclusive and universal, recognizing the prominence of remote work in our societies following the COVID-19 pandemic