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Commentary on Walkovszky v. Carlton
No full textThe plaintiff, John Walkovsky, was struck by a taxi owned by Seon Cab Corporation while walking in New York City. Seon Cab Corp. was one of the ten cab companies owned by a group of shareholders, including William Carlton. The case highlights the harms visited on innocent parties by limited liability and shareholders’ focus on profit. A feminist rewrite would examine the costs visited upon vulnerable groups such as tort victims with limited access to the legal system, children who are likely to be more severely injured if harmed by corporate activity or by the loss of a parent so injured, and immigrants and lower-income Americans who may not have health insurance to cover the physical harms caused by corporate business. Intentional undercapitalization of corporations and an adherence to minimum insurance requirements externalizes the costs of doing business onto the rest of society. This externalization of costs is particularly harmful when it causes physical injury or death to portions of the population who cannot absorb the costs ducked by the corporation. A feminist perspective could consider the interests of these vulnerable populations in designing a limited liability doctrine that encourages entrepreneurial risk-taking while balancing it against the cost of significant corporate externalities
Researching South African Government and Legal Information: Presentation for the 41st Annual Meeting of the American Association of Law Libraries
Get PDFDoes Labour Law Trust Workers? Questioning Underlying Assumptions Behind Managerial Prerogatives
Get PDFThis article explores the relationship between modern labour law, trust-based management, and collective labour relations. It begins by examining the historical origins of labour law, which was established to give employers the means to govern their workforce, based on the assumption that workers were untrustworthy.We argue that this notion still persists, albeit in a refined form, and that advancements in technology can exacerbate the negative consequences of managerial prerogatives. The article highlights the need to re-examine the extent of managerial prerogatives and provides several examples of businesses that have adopted trust-based models of organization, leading to positive outcomes. However, the study cautions that trustbased models can be used as a guise for employers to retain greater control over their employees and emphasizes the critical role of collective labour relations in ensuring true trust. The article concludes by arguing that policymakers must challenge the hierarchy-centred model of the employment contract and promote practices that reinforce social dialogue and collective voice in order to reap the benefits of trust-based business practices. This study sheds light on the need to re-evaluate the current employment landscape and consider alternative models that prioritize trust, autonomy, and social dialogue in the workplace
Community Justice Services: Models from Around the World
Get PDFThis document examines community justice services. It highlights approaches and models for local justice outreach and legal assistance effectuated by organizations around the world. The organizations profiled in this document all provide legal assistance in some form to underserved, underprivileged, vulnerable, and/or marginalized populations. In many cases, geographic location is an important factor determining who can access legal help, but it is not the only factor or necessarily a prerequisite. Across the diverse community justice services included in this document, legal assistance is provided virtually, in-person, by phone, or in hybrid formats to individuals living within or beyond a given catchment area who meet service provider requirements and thresholds
Lawyers eyeing ‘options’ if notwithstanding clause used in Saskatchewan pronoun case
No full textMentioned/quoted: Bruce Ryde
Community-Based Justice Research (CBJR) Project: Exploring Community-Based Services, Costs and Benefits for People-Centered Justice
Get PDFThe CBJR Project is a collaborative international initiative featuring exciting new research exploring the costs and benefits of community-based justice. The CBJR Project partners include the Katiba Institute in Kenya, the Center for Alternative Policy Research & Innovation in Sierra Leone and the Centre for Community Justice & Development in South Africa, with collaboration and support from the Canadian Forum on Civil Justice and the International Development Research Centre.
Since 2018, the CBJR Project partners have been working to learn more about the benefits, costs and opportunities of providing and scaling various community-based justice services and initiatives, as well as the benefits, opportunities and challenges of collaborating on a multi-country empirical access to justice research initiative.
The deliverables of the CBJR Project include not only specific research outputs, but equally if perhaps not more importantly an attention to relationships and processes. Specifically, the CBJR Project partners collaborated on several shared goals, including goals focussing on the development of research partnerships, peer-to-peer support, methodological innovation, community-based justice research and data collection, scaling local initiatives as part of a global access to justice agenda, adding to a shared justice culture shift, and – as the project developed – understanding how to conduct research in the context of a COVID-19 world.
This final report, which builds on companion publications and earlier reports, is the final report of the CBJR Project. The purpose of this final report is not to summarize all of the work and findings of the three African-based CBJR country projects, which are well-documented and speak for themselves in their various final reports. Rather, the purpose of this final report is to briefly describe and summarize the overall CBJR Project, to situate the CBJR Project in the context of the global access to justice crisis, to identify and briefly discuss some shared findings (primarily from the African-based CBJR Project studies as well as, very briefly, some recent Canadian initiatives) and, overall, to learn from the work of our African colleagues in the context of the growing body of scholarship on access to justice generally and community-based justice in particular, all within the growing body of international people-centered access to justice research and reform efforts