20092 research outputs found
Sort by
Tokenized Finance and Monetary Law: The Evolving Role of the Central Bank in the Age of Digital Currency
Get PDFThis thesis attempts to examine the motivations of the central bank and the state in the adoption of a sovereign-backed Central Bank Digital Currency (CBDC). We sought to answer the question- of what central bank roles will be most affected by the adoption of a sovereign-backed digital currency. Since any motivations for the adoption of this new form of currency are sure to reflect in its eventual design, we argue that without the intervention of the law at this crucial design stage, any such currency is very likely to be unfavorable to the money users. We justify this by investigating the role played by the law in guiding the evolutionary trajectory of the central bank and monetary affairs generally. Our investigation revealed that money and the law evolved alongside economic development and the inherent complexities in trade and exchange
Transgender Erasure: Barriers facing transgender refugees in Canada
Get PDFThis paper explores the experiences of transgender refugee claimants in Canada’s refugee status determination system, using mixed methods: quantitative analysis of data obtained from the Immigration and Refugee Board (IRB), reviews of published and unpublished decisions, country condition documentation packages and IRB guidelines, as well as interviews with refugee lawyers. Using these methods, we explore how credibility arises in transgender refugee claims, noting the impact of medicalization and country conditions materials on transgender claims, and drawing parallels between medical gatekeeping and credibility assessments in refugee claims. We identify potential explanations for low recorded numbers of transgender claims as rooted in data-gathering and decision-making practices that are misaligned with transgender experiences, and we offer policy recommendations to overcome this mismatch. Though transgender refugee claims appear to be largely successful in recent years, longstanding patterns of exclusion and erasure as policy nevertheless lead many transgender claimants to experience the refugee determination process as traumatic and transphobic, resulting in unaccounted for complications and challenges to practice
Strengths and Opportunities for Sustainability
Get PDFAt the mid-point of this three-year pilot project, the evidence suggests that the Mobile Rural Law Van is accomplishing its primary objective of better meeting the needs of people in rural Wellington County and North Halton. Is the success after two summers and one winter of operation sustainable? Sustainability is about more than just money, more than cost and about cost per person served. Sustainability depends on how the project operates and how it is connected with the community being served. This paper identifies the non-monetary factors that make the Law Van project sustainable, suggesting adjustments that might be made to improve the sustainability of a service that in the initial period has been successful in meeting the legal and related non-legal needs of the public
From Serving the Needs of the Few to Serving the Needs of the Many
Get PDFFrom the outset, the objective of the Rural Mobile Law Van project has been to expand service in underserved rural areas, first to rural Wellington County in the summer 2019 pilot project and then in the second three-year phase of the project from 2021 to 2024 to Wellington County and to the adjacent North Halton area as well. The mobile law van operates between May and the end of October. During the fall and winter when Canadian weather becomes too inclement for an outdoor service the winter “law van” moves to various indoor venues in the same towns where the Law Van visits in the summer. The summer van identifies unmet legal need by going out to where people live or spend much of their time, maximizing accessibility mainly by being highly visible in small towns throughout the area. The summer Law Van allows people to come to a high visibility location where it is parked for the day, where they can request free legal help in their own community, at a convenient time, and on their own terms. In this small rural area, the project is solving a big problem that was occurring in rural Wellington County and North Halton. At the same time the Law Van project is developing an approach that is addressing a big problem that has for a long time been a feature of legal aid. The Law Van has, within the confines of a small space and a short time frame, turned back a problem that has existed for legal aid generally since the beginning, a problem that has been becoming more pronounced in legal aid everywhere over time. That problem is the rationing of services to too few people. Although not an explicit objective from the outset, one way to understand what the Law Van is accomplishing is that it represents a way to serve the needs of the many rather than the needs of the few
Deeper Into the Knight: Exploring Deans Knight and Its Effects on the Canadian GAAR
Get PDFThis article discusses the most recent decision of the Supreme Court of Canada in Deans Knight Income Corporation v. Canada (2023) and explores its implications for the Canadian GAAR
Evidence of Caste-Class Discrimination from a Conjoint Analysis of Law Enforcement Officers
No full textWhen choosing what cases to investigate, do the police discriminate on the basis of caste and class? We employ a conjoint design to evaluate biases in police officers’ preferences for investigation based on perpetrator attributes. Conducting a survey of law enforcement officers in Nepal, we find evidence of discriminatory investigation practices. Absent constraining protocols that reduce officer discretion, police officers are more likely to target offenders who are from caste-class subjugated communities. Additionally, police officers’ assessments of institutional investigatory preferences reveal caste-based considerations: officers believe the police, in general, prefer to investigate low-caste offenders over high-caste offenders. They do not, however, perceive their institution as having class-based biases. These findings add to the body of evidence on whether police discriminate, which has previously focused on use of lethal force and police stops, and further demonstrate that concerns over systemic bias in policing are warranted
The Campus Battle over Expression and Equality: Combatting Discrimination by Restricting Freedom?
No full textGiven that the purpose of post-secondary education is to advance knowledge, academic life requires protection from unreasonable interference arising from institutional policies or public pressure. This paper argues that, in the interests of providing a safe and inclusive learning environment, universities have run the risk of unduly restricting debate and the exchange of ideas through unwarranted applications of anti-discrimination norms on campus. Based on a detailed review of the jurisprudence, the author contends that human rights legislation imposes no requirement, and provides little authority, for constraining thought or speech in higher education. Indeed, the threats to freedom of expression on university campuses do not originate in the law but rather in politics, economics and public relations. A special focal point of the author\u27s discussion of these principles is the treatment of discrimination claims flowing from on-campus controversies about the Israel-Palestine conflict. The paper concludes by emphasizing that university administrators must exercise great caution in imposing restrictions on expression if post-secondary institutions are to preserve their primary role as places where scholars and students can develop ideas without constraint or fear of reprisal