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York University, Osgoode Hall Law School
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    Your Boss Is an Algorithm: Artificial Intelligence, Platform Work and Labour

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    What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements.From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone\u27s lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement.Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation?Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.https://digitalcommons.osgoode.yorku.ca/faculty_books/1398/thumbnail.jp

    The Communities Being Served are the Resources that are Needed: Innovations in Community-Based Justice in Ontario, an Anthology of Canadian Research

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    THIS VOLUME deals with one aspect of community-based justice in which community legal clinics take the lead in building collaborative partnerships with community groups to bring greater access to justice to people. This is not the only model of community-based justice. There are large numbers of helping organizations in communities, some staffed by professional service providers and some by capable volunteers, assisting people to resolve problems involving fairness and social justice in everyday life. There may be other ways in which community organizations assisting people may receive help from legal professionals in the form of direct advice or public legal information other than the ways represented by the projects described here. This represents a vast area of alternative pathways to legal and social justice yet to be fully explored

    Getting it Wrong: Applying Public Security Limitation to the East African Community\u27s Right of Establishment in Kenya

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    The Right of Establishment (ROE) is one of the rights and freedoms provided for under the East African Community’s Common Market Protocol. Under this right, citizens of East African Community Partner States, namely, Kenya, Uganda, Tanzania, Rwanda, Burundi, South Sudan, and the Democratic Republic of Congo are entitled to move to any other Partner State and pursue economic activities, as self-employed persons. Their spouses and children are also entitled to this right or to be employed. They are also entitled to join the security schemes of the host PS. However, the right is not absolute. A PS can limit the enjoyment of the right on the ground of public security. The “how” of applying the limitation was left to the Partner States to deal with under their national laws. This article analyses how Kenya handles this limitation regarding East African Community citizens, who are ROE holders. It examines the scope of the limitation focusing on its theoretical underpinning, and its scope under the Common Market Protocol. It then identifies and explains areas where Kenya is getting it ‘wrong’. The article contends that Kenya has not balanced the interests of ROE holders and its national interests. It suggests steps towards getting it right during the application of the limitation

    The Relational Robot: A Normative Lens for AI Legal Neutrality — Commentary on Ryan Abbott, The Reasonable Robot

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    Artificial Intelligence (AI), we are told, is poised to disrupt almost every facet of our lives and society. From industrial labor markets to daily commutes, and from policing tactics to personal assistants, AI brings with it the usual promise and perils of change. How that change will unfold, however, and whether it will ultimately bestow upon us more benefits than harms, remains to be determined. A significant factor in setting the course for AI’s inevitable integration into society will be the legal framework within which it is developed and operationalized. Who will AI displace? What will it replace? What improvements will it bring? What damage will it do? The law has the power to shape the answers, but is it up to the task

    Canada\u27s Cannabis Act : Annotation & Commentary

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    This text identifies the relevant case law and underlying legislation used to draft theCannabis Act, helping readers analyze the rules and limits of theActand the Regulations. ... For ease of navigation, this text follows the 15 Parts of theCannabis Act. It features a detailed first chapter of the history of thecannabisprohibition, and a helpful list of non-Cannabis Act cannabis-related caselaw and resources in chapter 4.TheCannabis Actwas drafted using provisions from the Controlled Drugs and SubstancesAct, the Tobacco and Vaping ProductsAct, and the Food and DrugAct. Accordingly, in addition to case law under theCannabis Act, the most relevant case law under each of these source Acts is examined to provide a more thorough interpretation of theCannabis Act. --publisher\u27s descriptio

    The Duty of the Administrative State to Consult Indigenous Peoples

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    “Making Up” with Law in Development

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    This article draws on Ian Hacking’s idea of “making up people” to reflect on the relationship between development knowledge, practice, and expertise. Using Hacking’s five-part model as a counterpoint to mainstream accounts of development and its tasks, it (re)describes the manner in which development vision informs practice, while practice itself reconstructs the horizon of possibilities for developing states and their populations. The picture that emerges is one of tight interconnections between expertise-driven institutional practice and what we come to see and therefore to “know” about development. It is also one in which iconic figures such as the entrepreneurial woman emerge as products of, and catalysts to, legal and policy reform. Hacking’s model can be productively applied to related projects, illuminating the paths of international (and domestic) rights-based struggles for gender equality. It thus stands to reveal otherwise opaque connections among projects in which law plays a central role

    Nathanson Visiting & Post-Doctoral Fellows 2021-2022

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    “You Keep Using That Word”: Why Privacy Doesn’t Mean What Lawyers Think

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    This article explores how the need to define privacy has impeded our ability to protect it in law. The meaning of “privacy” is notoriously hard to pin down. This article contends that the problem is not with the word “privacy,” but with the act of trying to pin it down. The problem lies with the act of definition itself and is particularly acute when the words in question have deep-seated and longstanding common-language meanings, such as liberty, freedom, dignity, and certainly privacy. If one wishes to determine what words like these actually mean to people, definition is the wrong tool to use. The exact wrong way to go about understanding privacy is by supplying one’s own definition; that is unscientific. Since words in a living language mean many things (e.g., what does “cool” mean?), the act of definition reduces the multiple meanings of the defined word to a specified meaning. Each increase in precision comes with a corresponding separation from some set of meanings that would have applied to the living, undefined version of the word. The resulting defined word may be more precise but is often crippled, isolated, and bereft of the connections and connotations that made it part of a rich and living language. Like Procrustes, who strapped his victims to a bed and then either lopped off their feet if they stuck out or stretched the person on a rack if they were too short, lawyers are specifically trained to stretch and cut words. Tools of definition are badly suited to determine what people mean when they say “privacy.” For example, the actual meaning of “privacy” might better be explored through the tools of linguistics or cultural anthropology than through the tool of legal definition. This article therefore recommends that lawyers should set aside the flawed tool of definition and pick up the tool of analogy when they ask what words like privacy mean. This article asks why privacy has been uniquely pressed by concerns about supposed imprecision. For example, we do not stop our search for “security” because of a supposed lack of definition of the word. If privacy must have a definition to be operationalized, it will remain be conveniently narrow. moribund. And if privacy requires narrowing to be operationalized, any operationalization will be conveniently narrow. “You keep using that word. I do not think it means what you think it means.

    Inalienable Properties: The Political Economy of Indigenous Land Reform by Jamie Baxter

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    In June of 2021, the federal government passed legislation that affirmed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and began the process of formalizing its provisions in Canadian law. Among other things, UNDRIP states that Indigenous peoples have rights of self-government and rights of ownership, use, and development of traditionally-held lands and resources

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